This Practice Note explains the effect that remarriage, forming a Civil partnership, or Cohabitation have on the ability to apply for financial orders, as well as the impact on an existing orders.

Section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973) sets out the position on making an application for financial orders after a party’s subsequent remarriage or formation of a civil partnership. It states:

‘If after the grant or making of a decree or order 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 or making of that decree or order, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.’

Therefore, a party cannot apply for financial provision (ie a periodical payments or a lump sum order), or for a property adjustment order after remarrying