Q&As

A party has been married previously. In relation to that marriage, no financial order was made by the court and they receive child maintenance only from their first spouse. Where that party doesn’t receive spousal maintenance from their second spouse, can they still claim spousal maintenance from the first spouse?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 13/05/2019

The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A party has been married previously. In relation to that marriage, no financial order was made by the court and they receive child maintenance only from their first spouse. Where that party doesn’t receive spousal maintenance from their second spouse, can they still claim spousal maintenance from the first spouse?

Once a party remarries, they are barred from making an application to the court for a financial provision order or property adjustment order (section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973)). This means that they can no longer seek an order for periodical payments, a lump sum order or an order in relation to a property. This is often referred to as the ‘remarriage trap’. It is worth noting that MCA 1973, s 28(3) does not place an absolute bar on an application

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