Impact of remarriage, subsequent civil partnership, or cohabitation


Published by a UUÂãÁÄÖ±²¥ Family expert
Practice notes

Impact of remarriage, subsequent civil partnership, or cohabitation


Published by a UUÂãÁÄÖ±²¥ Family expert

Practice notes
imgtext

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 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, the consequence of remarriage or the formation of a subsequent civil partnership is that an application for financial provision (ie periodical payments or a lump sum order), or

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Civil partnership definition
What does Civil partnership mean?

The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.

Read more

Popular documents

Child support—children with special needs

Child support—children with special needsThe court retains jurisdiction to make orders for maintenance where a personal independence payment is paid to or in respect of a child, or where a child is disabled. A child is regarded as disabled if the child is 'blind, deaf or dumb or is substantially and

Pension sharing orders

Pension sharing ordersThis Practice Note explains what a pension sharing order is within family proceedings and sets out which pension rights can be shared and which cannot be shared. It also sets out the key features of a pension sharing order including pension credits and pension debits, variation

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThis Practice Note provides guidance on the basis and use of Duxbury calculations in relation to the calculation of capitalised spousal or civil partner maintenance/periodical payments, within financial remedy proceedings, including the assumptions made,

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial arrangements between the parties), or an agreement was made but one party seeks to resile from it, the party relying on an agreement reached between the