Legal advice on divorce, finance or children: New solicitor for Melton Mowbray – your friendly local family lawyer
The new online divorce system has made it easier than ever to settle an unhappy marriage and go your separate ways. But the ‘Decree Absolute’ doesn’t mean all your finances are sorted and it could be really tricky if you remarry before they are properly finalised.
This is just one piece of advice which Nicola Magrath, a Family Law Solicitor at Andrew Isaacs Law Limited, is keen to share with people.
Nicola was born and bred in Melton Mowbray and is very excited to have opened a new Family Law office at Pera Business Park. She qualified as a solicitor in September 2013 and has always wanted to support the local people of Melton and the surrounding areas.
Nicola specialises in divorce, finances and children matters and has shared with our online readers her advice on a common misconception relating to finances and the remarriage trap.
The Remarriage Trap
“With the online divorce system now making it easier to apply for a divorce without legal assistance, people do not always realise that the matrimonial finances also need to be resolved and the impact in failing to do so, if they then go on to re-marry,” she said.
“It is commonly thought that once your divorce is finalised and you have obtained a Decree Absolute (now known as a Final Order) that your finances are also settled. Unfortunately, this is not the case and a Financial Settlement Order, which is approved by the court is required to ensure that no further claims can be made.
“It is therefore very important to settle the Finances with your former spouse or at the very least have made an application to the Court before going on to remarry.”
What is the Remarriage Trap?
“If you divorce and then remarry without obtaining an approved Financial Settlement Order or issuing financial proceedings, then you will be barred from applying to the court for a financial claim in the future against your former spouse. This is referred to as ‘the Remarriage Trap’,” she explained.
“You will be prevented from seeking many financial remedies including Spousal Maintenance Orders, Lump Sum Orders and Property Adjustment Orders.
“This could have a significant detrimental effect as it means that the right to claim any assets from the other party, even if they would have been entitled to it as part of a divorce is lost. It is therefore important to take steps to avoid it.”
What happens if I have remarried but my former Spouse has not?
“If you have remarried without a Financial Application or Settlement Order in place, then you fall under the remarriage trap, but your former spouse does not. This means they are still entitled to make a financial claim against your assets, despite you being remarried and they are entitled to claim at any point up until they remarry.”
How to avoid the Remarriage Trap?
“The easiest way would be to include this application in your divorce application. When applying for a divorce, the applicant has the option of ticking a box to indicate an intention to proceed with financial claims relating to the divorce. This allows the applicant to have their claim dealt with by the court at a future point in time, despite being remarried. However, this option only applies to the applicant in the divorce application and if you are the respondent in the divorce you would need to make a financial application,” Nicola told us.
“If you do not have sufficient time to settle the finances prior to getting remarried, then making a financial application prior to remarrying will be another way of protecting your financial claim prior to remarrying. The only financial claim you will not be entitled to would be Spousal Maintenance as this will stop when the recipient party remarries.
“The best way to avoid the remarriage trap is to ensure an agreement in relation to marital assets has been finalised before getting remarried. This can be done by having a Consent Order prepared setting out the terms of any financial settlement and having the order approved by the court. It is however important to remember that the court will only endorse the order if they consider it to represent a fair division of the matrimonial assets. The Consent Order is only legally binding once approved by the Court.”
How Nicola can help you
Nicola warns: “It is very important to obtain legal advice prior to remarrying and without a Financial Consent Order in place as without one could have disastrous consequences.
“If you are planning to remarry and are worried about your financial claims from your previous marriage or if you believe your former Spouse is intending to remarry, prior to any claims being resolved, we advise you to seek legal advice to ensure your claims can be protected.
“Get in touch where we can talk through your options.”
What else Nicola can help with?
Nicola deals with all aspects of family law and can assist clients with:
Divorce – from the initial application up to the Final Order being made.
Finances – Nicola will always provide tailored advice to each client based on their unique financial circumstances. She will deal with voluntary disclosure (exchanging of documents with your ex- partner or their lawyer), deal with negotiations on your behalf and can also prepare Court documents and attend Court Hearings on your behalf.
Children – Nicola can advise on your best options for child arrangements; negotiating arrangements with your spouse on your behalf and applying to the court for Court Orders such as Child Arrangements Orders, Prohibited Steps Orders, Specific Issue Orders. An urgent court application can be particularly important if there is an immediate concern in relation to a child.
The above is just a brief outline to the areas Nicola can advise on. Anyone with family law queries is urged to get in touch. Nicola offers a fixed fee initial consultation where she can talk through your options with you and support and guide you through the whole process.
For more information visit the website here, call 01664 896 218 or email [email protected]