Remarrying later in life: legal and financial points to consider

3rd Jul 2026

Author: Sarah Thomas

For many people, later life can bring a new relationship and a fresh chapter. That may mean living with a new partner, entering into a civil partnership or remarrying.

A second marriage later in life can bring happiness, companionship and stability. It can also raise important legal and financial questions, particularly where you have children from a previous relationship, own property, have pensions, run a business or have made a Will in the past.

Sarah Thomas, Family Law specialist, explains why taking advice before you marry, rather than after a problem arises, can help you make informed decisions and reduce the risk of uncertainty for those closest to you.

Does remarriage affect your Will?

In England and Wales, marriage will usually revoke an existing Will unless the Will was made in contemplation of that particular marriage. In simple terms, this means that if you have already made a Will and then remarry, that Will may no longer be valid.

This can have significant consequences. If you die without a valid Will, your estate will pass under the Intestacy Rules. These rules decide who inherits from you, but they may not reflect what you would have chosen. This can be particularly difficult where there is a surviving spouse and children from an earlier relationship. You can learn more about the Intestacy Rule in our article “What if I have no Will? The intestacy rules explained.”

For example, you may want to provide for your new spouse while also making sure children from a previous marriage receive certain assets or inherit part of your estate. Without clear planning, there can be uncertainty, disagreement and emotional strain at an already difficult time.

Before remarrying, it is sensible to review your Will and any wider estate planning arrangements. This gives you the opportunity to set out your wishes clearly and to consider whether any additional planning is needed.

Further information on this can be found in our article “Wills and Second Marriages”.

Should you consider a pre-nuptial agreement?

A pre-nuptial agreement is an agreement entered into before marriage which records how a couple intends their finances to be dealt with if the marriage later ends.

In England and Wales, pre-nuptial agreements are not automatically binding in the same way as a commercial contract. However, the court can give significant weight to them, particularly where both people entered into the agreement freely, understood what they were agreeing to, gave full financial disclosure and received independent legal advice.

For those marrying later in life, a pre-nuptial agreement can be especially useful. You may have built up assets before the relationship began. You may own a home, have savings, pensions, business interests or assets that you wish to preserve for children or grandchildren from a previous relationship.

A carefully prepared and well drafted agreement can help you and your future spouse have open conversations at the outset. It can also reduce the scope for dispute later. It should not be seen as a sign of mistrust. For many couples, it is simply a practical way of making sure that each person understands the other’s position before marriage.

What about pension entitlements and survivor benefits?

Pensions are often one of the most important assets to consider before remarrying later in life.

Some pension schemes have rules which affect survivor benefits if a widow, widower or surviving civil partner remarries, forms a civil partnership or cohabits with a new partner. Other schemes may provide benefits for life. For example, some public sector pension schemes have changed their rules over time, meaning that survivor benefits may continue for life in some circumstances, even if the surviving spouse or civil partner later remarries or forms a new civil partnership. However, the position depends on the specific scheme and the dates of pensionable service, so you should check the rules of any pension scheme before making decisions.

It is important not to assume that your pension position will stay the same after remarriage. You should check the rules of any pension you receive and consider whether your new spouse would have any entitlement on your death.

If a second marriage later ends in divorce, pensions may also form part of the financial discussions. The treatment of pensions can be complex, so early advice can help you understand the possible implications before decisions are made.

Is cohabiting different from marrying?

Some couples choose to live together rather than remarry. This may feel simpler, particularly where both people wish to keep their finances separate or protect children from previous relationships.

However, cohabitation does not give couples the same legal rights as marriage or civil partnership. There is no such thing as a “common law marriage” in England and Wales. If an unmarried couple separates, each person’s position will usually depend on legal ownership, financial contributions and any agreement between them.

If you plan to live with a new partner but do not intend to marry, a cohabitation agreement can help. This can record how you will deal with property, bills, savings, debts and other financial arrangements. If you own property together, or one of you is moving into a property owned by the other, you may also need a declaration of trust to record ownership shares and contributions.

These documents cannot provide all the protections of marriage, but they can bring clarity and reduce the risk of disagreement later.

You can read more about co-habitation agreements in our article “Protecting your future: Legal considerations for cohabiting couples”.

Planning ahead can protect the people you care about

Remarrying later in life is a personal decision, but it is also a legal and financial one. Before you make that commitment, it is worth taking time to understand how marriage may affect your Will, your estate, your pensions, your property and your wider family arrangements.

This is especially important where you have adult children, family wealth, inherited assets, a business, a farm, a property portfolio or ongoing financial ties from a previous relationship.

How Butcher & Barlow can help

At Butcher & Barlow, we can help you look at the whole picture. Our Family Law Team and Wills, Trusts & Estates Team can work with you to understand your wishes, explain your options and put clear arrangements in place.

If you are thinking about remarrying or living with a new partner later in life, please get in touch. We will help you make decisions with confidence and with the people who matter most in mind.

Sarah can be contacted on sthomas@butcher-barlow.co.uk or by calling 01928 733 871

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.