Legal Issues After Divorce
Legal Issues After Divorce
Even when a divorce is finalised, life moves on, and personal circumstances can change—perhaps you start a new job, remarry, or wish to relocate. These changes may mean that previous arrangements or court orders no longer fit your current situation. Below are some frequently asked questions regarding legal matters that may arise after divorce.
Is it possible to vary a court order?
While court orders are intended to be final, they can sometimes be varied if circumstances have changed significantly. The court will primarily consider the needs of both ex-spouses and any dependent children when deciding whether to alter an existing order.
Spousal Maintenance
Applications to modify an order most frequently concern spousal maintenance. However, other aspects can occasionally be amended, such as lump sum orders or extensions for payments, or instructions relating to the sale or transfer of property. What are the legal implications of getting remarried?
If you were married before, you must have legally ended the marriage (through divorce or annulment) before remarrying. If you have not obtained a final financial order from the court regarding finances from your previous marriage, remarrying can have major implications. This situation, known as the “remarriage trap,” can prevent you from applying for lump sums, property adjustments, or spousal maintenance from your ex-spouse.
Additionally, if you receive maintenance payments, these claims automatically end upon remarriage. It is therefore prudent to resolve financial issues with your former spouse before entering a new marriage.
Are there legal implications if my financial situation changes?
It depends on when and how the money is obtained, as well as whether you already have a final order.
If a Final Order Is in Place
It is generally difficult for an ex-spouse to make a new claim against money acquired after the order.If There Is No Final Order
Money acquired post-separation may be considered separate to the marriage and potentially ring-fenced, although the court’s overriding principle is to ensure both parties’ financial needs are met. Inheritance, for example, is often treated as separate unless it is needed to meet essential financial requirements.Pre-Separation and Intermingled Funds
If money was received before separation and combined with family finances, it may be more challenging to argue it should now be excluded from the marital pot.
Need More Information?
At HM & Co. Solicitors, we have extensive experience guiding clients through the complexities of divorce and post-divorce legal issues. Whether you need to vary a court order, address remarriage considerations, or understand the impact of changes to your financial situation, we can assist you every step of the way.
Contact HM & Co. Solicitors
186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We are committed to offering practical advice and personalised support to ensure you can move forward confidently.
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Your Questions, Answered
FAQs
FAQs About Varying Divorce-Related Orders and Child Arrangements
Can I change the amount of spousal maintenance I receive or pay?
Yes. You can apply to the court to adjust a spousal maintenance order, but generally only if there has been a significant change in circumstances. Examples include:
- The paying party becoming unable to work due to ill health or job loss
- The receiving party gaining a well-paid job
- Children leaving home, reducing the need for financial support
A judge can alter the maintenance amount (increase or decrease), suspend it temporarily, end it entirely to create a “clean break,” or capitalise it by replacing ongoing payments with a single lump sum. These outcomes can also be negotiated and resolved by agreement before going to court.
Can I change the child maintenance I receive or pay?
Is it possible to alter a child arrangements order?
Yes. If a child arrangements order is no longer suitable—because, for example, the children have grown older and their needs have changed—you can look to adjust it. The first step should be to discuss the changes with the other parent to see if you can reach an agreement. If not, mediation or collaborative law are effective ways to help parents arrive at a resolution.
If no agreement can be made, an application to the court is necessary. The court will then reconsider the child’s best interests and decide whether adjustments to the order are appropriate.
Can my ex-partner prevent me from moving away with our children?
A parent wishing to relocate—especially if this involves moving a long distance or going abroad—should be aware that the other parent can challenge this move. If an agreement cannot be reached, the court may need to get involved.
If you intend to move away with your children, you must demonstrate that the relocation is in their best interests. This includes detailing suitable accommodation, educational continuity, and how meaningful contact with the other parent will be maintained. If the other parent opposes the move, they can apply for a court order preventing the relocation, and the court will then decide based on the child’s welfare.
Need Further Advice? Contact HM & Co. Solicitors
For personalised guidance on varying spousal or child maintenance, adjusting child arrangements, or dealing with relocation issues, our experienced team is ready to help.
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We are committed to providing clear, compassionate advice tailored to your unique circumstances.
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