The impact of a second marriage

The 18th Century Diarist Samuel Johnson referred to second marriage as “triumph of hope over experience”.

There is considerable evidence to show that the problems which arose during a first marriage will be carried forward into the second marriage which may explain the rise of second marriage divorces year on year.  Further pressure arises as a result of continuing disputes and litigation over children and finance from the first marriage.

So what are the typical issues that arise following a second marriage:-

• A dependent former spouse (typically a first wife) may seek a variation of her maintenance or capitalisation.  That could arise in conjunction with a second marriage but it is commonplace at the time of a second divorce. The 2010 case of Vaughan [EWCA Civ. 349] emphasised the importance of striking a balance between obligations to a first spouse and the freedom to enter into a fresh financial commitment with the second marriage.  In summary it said that priority would not be given to one spouse over another where there had been more than one marriage.

• Child Support.  The current child support regime is based on the gross income of the non-resident parent but deductions arise from that gross income where there are other children living in the non-resident parent’s household.  That could mean children with a new wife/partner or step-children.  It follows that a second marriage will inevitably lead to a review of financial obligations to the children of a first marriage.

• Particular friction can arise over educational choices for children of different relationships.  A non-resident father (for example) may feel that he can no longer afford to privately educate the children of his first marriage as a result of his financial obligations in his second marriage.  He will not take kindly to being told that a Court is likely to favour the status quo and may regard continuity of education as a paramount concern. A second wife may feel equally resentful if her children are obliged to attend state schools whilst the children of a first marriage are privately educated.

• A second marriage is an opportune time to re-examine Wills and inheritance, particularly nominations under life insurance/death in service policies and dependency nominations under pensions.  Often these will have not been revised following the end of a first marriage and it is important to ensure a workable solution in the event of the death of a parent who has obligations to 2 families.

• Anyone embarking on a second marriage would be wise to consider the benefits of a Pre-Nuptial Agreement.

We might assume that second marriages have a higher success, having learnt from the mistakes of the first marriage.  It is not true and a second divorce can be far more painful than the first time round.

For advice on divorce and financial provision please contact Kim Beatson on kim.beatson@anthonygold.co.uk or on 020 7940 4011.

* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*