Hello Eric,
Would a remarriage to a former spouse null and void the terms of a separation agreement from the first marriage?
Hi Reader,
This means that divorce is given a similar allocation of time, space and definition.
At the point at which the court declared your former marriage null and void, a Decree Absolute was issued to bury this union.
However, copies of this decree of divorce must be sent to the Registrar for recording in the appropriate register regarding the dissolution of marriages.
Nothing holds you back from remarrying your former wife, now the new girlfriend.
This could be about the division of matrimonial property, sharing of parental responsibilities outside marriage, and custody of children if any, amongst the rights that accrue upon dissolution of a union. In seeking to engage in a new relationship, as a married couple, both of you require to revisit the details of such an order to find space and mechanisms to denounce or affirm the obligations set in and by it.
What both of you must remember is that the property that may have become personal following the divorce settlement shall remain so, as pre-nuptial assets and cannot be re-constituted as joint.
It is not automatic that the court would grant such a revocation since the prerogative to do so lies with the judge.
Should you and your former wife, reach this point, then the remarriage will be directed by the provisions of the Marriage Act at Sections 3 and 6. Now you know.
Even as you engage in this process, be aware; that there: is no guarantee that either or both of you will not renege the expectations or commitments of the proposed marriage. is no guarantee that the community around you, and especially if this is to be driven customarily, will entertain the new union. This is as much a personal decision, as it could be a community rejection. For your information, you now join the likes of Liz Taylor and Richard Burton, besides Ellon Musk and Talulah Riley, who took the path of remarrying their once divorced spouses. In conclusion, we share this quote from some anonymous source which says “I feel like everything in my life has led me to you. My choices, my heart breaks and my regrets. Everything. And when we are together, my past seems worth it. Because if I had done one thing differently, I may have never met you.”
***Mr Mukoya is a lawyer with over 17 years of experience. He's the Executive Director of the LegalResources Foundation. Legal query? E-mail [email protected]
