Wednesday, April 02, 2014

Family Lore Clinic: I have remarried but can I still make a claim on my ex-husband if I think my consent order is unfair?

As usual, I will assume that the term 'consent order' refers to the order setting out an agreed financial/property settlement on divorce.

Remarriage prevents you from applying to a court for a financial remedy against your previous spouse. It does not, however, prevent a court from making a financial order in respect of the first marriage. Accordingly, if your application has already been made before the remarriage, you can still get an order.

Please note, however, that you cannot get maintenance from your previous spouse after you remarry, and that any maintenance order in your favour will end upon your remarriage.

If you want to claim more from your ex-husband you will need to get the court to set aside the consent order and make a fresh financial/property order.

Remarriage does not affect whether a consent order can be set aside. If there are good reasons to set aside the order, then this can still be done even if one of the parties has remarried. Please note, however, that it is very rare for a consent order to be set aside. Accordingly, you should seek the advice of a specialist family lawyer as to whether you have grounds to ask the court to set aside the order.

If the order is set aside, then you should be able to ask the court to make a different order. Again, you should seek specific advice on this, and upon what sort of new order you can expect the court to make.

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