Q&As

Where the parties to a divorce in which a financial consent order was made providing for one party to retain the proceeds of sale of the former matrimonial home, and the other party their pension, together with a clean break order, and the parties then reconcile and remarry each other, will the court have regard to the previous order and clean break? Will the parties only be entitled to a share in assets, including pensions, that have accumulated since they remarried? Could the remarriage constitute a Barder event sufficient to set aside the consent order?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 22/03/2018

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:

  • Where the parties to a divorce in which a financial consent order was made providing for one party to retain the proceeds of sale of the former matrimonial home, and the other party their pension, together with a clean break order, and the parties then reconcile and remarry each other, will the court have regard to the previous order and clean break? Will the parties only be entitled to a share in assets, including pensions, that have accumulated since they remarried? Could the remarriage constitute a Barder event sufficient to set aside the consent order?

Where a couple subsequently reconciles and remarries, in the event they were to separate again, and a fresh application would made for financial relief, and the court would not be bound to make an order identical to the order made following the breakdown of the first marriage.

Section 25(1) of the Matrimonial Causes Act 1973 (MCA 1973) states that the court when deciding to exercise its powers shall ‘have regard to all the circumstances of the case’, which will include the outcome of the previous financial remedy proceedings as well as the particular factors laid out at MCA 1973, s 25(2). The court will not have to make the same order following the second marriage as it did following the first. Circumstances may have changed, one or both parties’ needs may have altered, and so while the court will have regard to the previous order, and the assets each party brought into the second marriage pursuant to that order, the court will still be exercising its powers by having regard to all the other factors as well. The outcome

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