Impact of remarriage, subsequent civil partnership, or cohabitation
Impact of remarriage, subsequent civil partnership, or cohabitation

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Impact of remarriage, subsequent civil partnership, or cohabitation
  • General principles
  • Periodical payments
  • Cohabitation

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.

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.’

ie the consequence of remarriage or the formation of a civil partnership is that an application for financial provision (ie periodical payments or a lump sum order), or for a property adjustment order, may not be made after remarriage. However, where an application has already been made for orders of a capital nature (by the prayer in the petition, or a subsequent application in Form A) an existing application for such orders may be pursued.

The equivalent provisions in relation to a civil partnership