Remarrying

If you are divorced and considering remarrying, then you need to consider seeking our advice as Divorce lawyers Guildford, for expert advice on your situation. The number of remarriages is on the increase in today's society, so it is important to know and fully understand all the implications, both financial and emotional that a new marriage will have on you all.

A second marriage can, and will, be very different to your first. You will be older and wiser, you will have been reshaped as a person from the experience of your divorce, or death of your previous partner. And you will want to put measures in place to protect both yourself and any children involved from a previous relationship. You may have assets, investments, pensions or inheritances that you need to protect too.

Whilst planning a marriage can be an exciting new adventure, you will need to give some thought to how your finances will change with this new marriage. You may wish to provide for your new partner and their children from a previous marriage, so you will all need to consider making new wills to cover you in the event of one of you dying. In this day and age a lot of couples entering second marriages will look at arranging a pre-nuptial agreement to protect their individual assets. A pre-nup is a written contract, agreed and signed before a couple get married. If you have been through a divorce already, you will be well aware that relationships do break down and that sorting out assets and finances is the most stressful part for most people, and a pre-nup is designed to make this easier. It will detail what you would like to happen to your possessions and assets, should the marriage break down at some point in the future. Whilst they are not legally binding, when they have been drawn up properly and with legal advice, they will carry great weight in a court and are usually upheld by judges. They will only usually deviate from the terms if any disability or long term illness has arisen, or the birth of a child within the marriage. Many people embarking on a second marriage will be aware of the importance in making sure they are protected for the future and to provide both, security for any existing children and protecting themselves against being left with nothing in the event of a future breakdown in the relationship.

Here at Gregorian Emerson family law solicitors, we have a unique legal and psychological approach to these situations and can help you to arrange a pre-up for a new relationship prior to marriage, or to understand all options available to you and to make sure your assets and finances are sorted and protected before your second marriage.

When you start to think about embarking on a second marriage you need to look at your previous marriage and make sure that all loose ends have all been tied up and finalised. If things are not all 100% resolved then you may find, further down the line, that you are in a position and unable to do so. This would include not just financial agreements, but childcare arrangements too, especially if you and your first partner have any informal arrangements in place. We often find that whilst these arrangements will work with no problems, once one partner wants to remarry it is at that point that the other parent will want to challenge the agreement, or make it more formal to protect themselves. Something you may not have considered, is that you may be prevented from making any further financial claims against your ex partner once you have married again, however they could still claim against you. Your new partner can become involved and have to disclose their financial situation and income etc. This can even be the case prior to marriage, when they move in with you for example, if your ex partner believes that with your new partners financial status it alters your household income.

We can help you look at your whole situation and make sure that, by remarrying, it will not identify any unexpected or surprise financial implications.

If you are currently in receipt of spousal maintenance, with a spousal maintenance order in place, then this will automatically end when you remarry. You should make sure that you can manage without these payments Alternatively, if you are the spouse making the payments, you need to evaluate if you can still afford these payments if you live with or marry a new partner.

As expert Divorce lawyers in Guildford we can help you discuss all the options open to you, to protect you for the future.

It is extremely important that you make a new will as soon as possible, as once you are remarried any previous wills you have made, will become null and void. You will need to give consideration to what assets you would want both your new spouse and any possible children you may have to receive. It can be a complicated area, but it is definitely one worth spending a bit of time on. In law, once you are remarried your assets etc will automatically pass to your spouse (assuming they survive you). Your children, from your previous relationship, will not automatically inherit any of your assets or possessions. This is why it is vitally important to seek expert legal advice on your situation and how you can avoid your wishes not being honoured in the event of your death.

If you need an experienced Divorce lawyers Guildford to help you enter into your new marriage from a strong financial position then give us a call today.

Everyone's situation and set of circumstances are different, so for any family law queries you may have then please call us on 01483 826 470 and let us help you.