Second marriages are becoming increasingly common in the UK. With people living longer, divorcing later in life, and forming new relationships after separation, many individuals find love again and choose to remarry. While second marriages can be deeply rewarding, they often bring legal and financial complexities that are very different from those faced with first-time marriage.
Careful planning is essential to protect both partners, any children from previous relationships, and provide long-term financial security.
How second marriages differ legally and financially from first marriages
Second marriages can often involve:
• Existing assets built up before the relationship
• Children from previous relationships
• Ongoing financial obligations, such as spousal maintenance or child maintenance
• Inheritances or family wealth intended to stay within a particular bloodline
These factors mean that the legal consequences of marriage, and any subsequent divorce, can be more complicated.
Under UK law, marriage creates financial claims between spouses. Even if assets were acquired before the relationship, they can still be taken into account if the marriage breaks down, particularly where needs must be met.
Prenuptial agreements, protecting your assets in a second marriage
One of the most important considerations for those entering a second marriage is whether to put a prenuptial agreement in place.
Prenuptial agreements are not automatically legally binding in England and Wales, but they are given significant weight by the courts, provided certain conditions are met. These include:
• Full and honest financial disclosure by both parties
• Independent legal advice for each person
• No undue pressure or last-minute signing
• Fairness at the time the agreement is enforced
For second marriages, prenups are particularly valuable where one or both parties wish to:
• Protect assets accumulated before the marriage
• Ringfence inheritances or family businesses
• Preserve wealth for children from a previous relationship
A well-drafted prenuptial agreement can reduce uncertainty, avoid conflict, and provide reassurance for both partners.
Blended families and children from previous relationships
Second marriages often create blended families. While stepparents do not automatically acquire parental responsibility, marriage can still affect financial arrangements involving children.
When advising clients, family law solicitors often focus on:
• Ensuring children’s housing and financial needs are protected
• Avoiding unintended consequences that disadvantage children from a first relationship
• Ensuring that child maintenance obligations are still met, when coupled with new family commitments
It is also important to remember that, in financial proceedings on divorce, the court’s first consideration is the welfare of any minor children. This can influence how assets are divided, particularly where housing is required.
Inheritance and estate planning considerations
Marriage can have a significant impact on inheritance. In England and Wales, marriage automatically revokes an existing Will unless the Will was made in contemplation of that marriage.
This can lead to serious unintended consequences, particularly in second marriages. For example:
• A new spouse may inherit under the intestacy rules, potentially displacing children from a previous relationship
• Assets intended for children may pass to the surviving spouse instead
Clients entering a second marriage are advised to review their Wills and estate planning alongside any prenuptial agreement. Trusts, life interest arrangements, and clear testamentary intentions can help balance the needs of a spouse and children.
Financial claims and divorce after a second marriage
If a second marriage breaks down, the court will apply the same legal principles as in any divorce: fairness, needs, compensation, and sharing.
However, in practice:
• Shorter second marriages may result in less sharing of pre-marital assets
• The court may give greater weight to assets brought into the marriage by one party
• Clean break settlements are often prioritised, particularly where both parties are financially independent
That said, there is no automatic protection for pre-marital wealth, and outcomes can vary widely depending on individual circumstances.
The importance of early legal advice
One of the most common mistakes people make when entering a second marriage is assuming that “it will be different this time” or that informal understandings will be enough.
Obtaining early advice allows couples to:
• Have open and constructive discussions about finances
• Put appropriate legal protections in place
• Avoid costly disputes in the future
Seeking advice does not indicate a lack of trust; rather, it reflects realism and responsibility, particularly where others, such as children, may be affected by future decisions.
Giving you the full picture
Second marriages can be immensely fulfilling, but can require thoughtful legal and financial planning. With existing assets, children, and obligations often in play, the stakes are higher and the margin for error smaller.
By addressing issues such as prenuptial agreements, estate planning, and financial protection early on, couples can enter their new marriage with clarity and confidence. Proactive planning is not about preparing for failure; it is about safeguarding everyone’s future and allowing the relationship to flourish on solid foundations.
Please do not hesitate to contact the Family team at Tees if you require any advice in contemplation of a second marriage.
