Remarrying Your Ex

Feb 16, 2023   ·   4 minute read
Affectionate couple announcing their engagement with selfies while sitting at cafe. Happy couple taking a selfie and showing off their wedding ring at coffee shop.

You may question why you would remarry your ex but remarrying your former husband or wife is a growing trend. Some unkindly refer to it as yo-yo or boomerang marriages but as divorce solicitors, we understand that what attracted you to a person in the first place can reignite despite your separation and divorce.

For expert help with divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.

The legal implications of remarrying your ex

Once you get divorced your legal relationship is at an end although some financial ties may remain unless you obtained a clean break divorce financial court order. This type of divorce financial settlement severs any financial obligations. On remarriage, you are husband and wife again with the same marital legal relationship as the first time around. That marriage relationship brings with it financial obligations. Those obligations are not covered in your financial court order obtained after your first marriage and subsequent divorce.

What that means for you is that if you remarry your ex and it does not work out the second time around either of you can apply to the family court for a financial court order. The size of the financial award will depend on several factors, including the length of your second marriage and your respective needs.

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The importance of a prenuptial agreement when remarrying your ex

It is understandable to be a bit wary about getting remarried, especially if you went through an acrimonious divorce financial settlement first time around. Even if you were able to reach an agreed financial consent order after the end of your first marriage you are right to be cautious about getting remarried to your ex and the financial implications for you. This is especially true when you are in a financially stronger position than the ex you are re-marrying, perhaps because you were more careful with your share of the assets from your first divorce financial settlement.

How can you protect yourself financially whilst still enjoying a second marriage with your ex? The answer is a prenuptial agreement tailored to your circumstances. That’s because on re-marriage it is as if you are back to square one, with all the financial claims that a husband or wife can bring on a second divorce. For some couples that means that they are both more comfortable with living together in a cohabiting relationship with a cohabitation agreement in place to sort out and record their agreed property and financial arrangements. Others prefer the security of marriage but with a prenup agreement drawn up prior to their second wedding.

There isn’t one legal solution that’s right for everyone who decides to get back together with an ex-spouse. Normally there are legal pros and cons to the options of living together without remarriage or marrying for the second time, with a prenuptial agreement in place. Putting romance and family feelings aside, for inheritance tax reasons, a couple’s adult children might well thank their parent’s decision to remarry rather than cohabit with one another but there is a wealth of legal and financial considerations with each option. The legal advice will all depend on what the couple agreed on the first time around about property ownership and the split of pensions and their current financial circumstances.

Most couples who are marrying a second time around see a lot of sense in signing a prenup agreement. The document means that there is less risk of acrimonious and expensive second divorce proceedings. The beauty and practicality of a prenup agreement are that it can be as detailed or as broad as the couple requires provided that certain legal requirements are met.

For those preferring to cohabit together, it is just as important to draw up a cohabitation agreement as few couples realise that even if they don’t remarry and don’t jointly own a house together that property claims can still be made if a relationship breaks down.

For expert help with divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.