Q&As

A petitioner in divorce proceedings ticked the boxes in the petition indicating an intention to apply for financial orders. The petitioner has now remarried, are they able to make an application for financial orders?

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Published on LexisPSL on 02/03/2021

The following Family Q&A provides comprehensive and up to date legal information covering:

  • A petitioner in divorce proceedings ticked the boxes in the petition indicating an intention to apply for financial orders. The petitioner has now remarried, are they able to make an application for financial orders?

The position regarding an application for financial orders subsequent to the remarriage of a party is provided for by section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973) which states:

‘If after the grant of a decree [an order or decree] dissolving or annulling a marriage either party to that marriage remarries [whether at any time before or after the commencement of this Act] [or forms a civil partnership], that party shall not be entitled to apply, by reference to the grant of that decree [that order or decree], for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.’

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