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As family practitioners, the topic of remarriage before a party's finances arising from their divorce are settled is one which often occurs in time pressured and stressful circumstances. This book is designed to assist practitioners with providing timely and accurate advice to preserve a remarrying party's financial claims where possible.
Featuring a foreword by Samantha Hillas KC, this book firstly examines the legal consequences of remarriage, to be able to advise clients how to avoid falling into the 'elephant trap' of premature remarriage - a term coined by late Singer J in the case of E v E [2008] 1 FLR 220.
This book further explores the alternatives which may be available to a remarrying or remarried party, the applications which may be available, including what a practitioner should look for in existing applications to consider the risks and merits of such party's claims, and finally the implications of a remarried party attempting to 'piggy-back' off the unmarried party's claims.
ABOUT THE AUTHORS
Cordelia Williams is a barrister at Pump Court Chambers who specialises in financial remedies and private law children matters. She is regularly instructed in complex disputes, often appearing against senior barristers of leading family chambers. She is listed in The Legal 500 2024 as a 'Rising Star' (Tier 1).
Claire Howard is a senior associate solicitor and mediator at Rayden Solicitors. She is a Law Society Family Law Panel Member specialising in relationship breakdowns for married and unmarried couples, and where children are involved. Claire is experienced in progressing proceedings through alternative dispute resolution including mediation and arbitration.
CONTENTS
Introduction
Chapter One - The Law
Chapter Two - What are the Alternatives When in the 'Elephant Trap'?
Chapter Three - The Application
Chapter Four - Piggy-Back Claims
Chapter Five - Competing Claims
Chapter Six - Conclusion
