Legal Issues of Second Marriages

Beginning a new relationship after a divorce can be an exciting time for you and your new partner. If you decide that the time is right for you to get married again, you will need to think about some of the legal implications of your second marriage.

If you have children from your first marriage you should think about the settlement you received during your divorce and how this will be divided up in your Will. If you do not specify this amount in your Will, this will immediately pass to your new spouse. Therefore, in order to protect that money for your children, making a specific provision for this in your Will can help you to ensure that your children are protected.

Any maintenance you receive from your ex-spouse will stop once you re-marry but any payments made to you for child maintenance will continue and will not be affected by your remarriage. You and your ex have financial responsibility for your children until they are 16 or 19 if they are in full-time education.

It is vital that you have updated the information on any private pension you have to reflect the change in beneficiary- even before you re-marry, it is unlikely that you want your ex-spouse to benefit from your private pension if you died. This is also the case for any death-in-service benefits that you may receive from your current employer.

In addition, you should also update your Will to reflect your new marital circumstances. It is important to remember that marriage revokes any previous will unless made in contemplation of that marriage.

If you would like more information about how we can help you, please call Sandra Machin on 01264 353411 or email her at: divorce@bsandi.co.uk. She will be happy to talk through any questions you may have and help with making all the necessary changes.