Marriage is often rated as one of the top ten most stressful life events, but is a marriage after divorce more stressful?
As well as planning for the perfect wedding day there are some other considerations which would not have required previously.
Has your previous marriage been dissolved?
If you have been divorced, then it is highly likely that when making arrangements for the ceremony you will need to provide proof of your divorce by providing a copy of your final order or decree absolute. Should you not be able to find it then an application to the court for a replacement should be made. This can take some time so it is wise to request a copy sooner rather than later.
Do you need to make an application to preserve your financial claims for your previous marriage?
If a financial order has not been made in respect of your previous marriage, then on your marriage your right to make a claim in respect of the matrimonial finances of the previous marriage is extinguished. This is often referred to as ‘the remarriage trap’ as your ex’s rights for a financial order will remain open against you unless they too have remarried.
If you have a financial order in respect of your previous marriage are you losing a benefit or triggering a clause by remarrying? If so, what impact will this have on you?
Any financial orders should be checked to see what impact a marriage will make as this is an event which is usually used as a trigger clause in many cases for either steps to be taken on it occurring or benefits awarded under a previous financial agreement to cease.
Are you bringing into the marriage assets such as property or savings that you would like to protect?
A pre-nuptial agreement may be appropriate depending on the circumstances, and though not a legally binding court order can be considered by the courts as evidence of the parties’ intentions and agreement on assets they have brought into the marriage should you separate.
It is easy to forget pension benefits and death in service nominations so these should be checked to ensure they are up to date. Also Wills should be reviewed so that they reflect your current wishes regarding your estate.
Planning a wedding is not just the venue or the catering and some of the less glamorous considerations can cause stress especially if they are left to the last minute. Early legal advice can help avoid difficulties, especially where delay could cause complications if there is a tight timeframe.
For more information on matrimonial matters or to find out how we can help you, please contact our Family Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.