If your marriage has been over for a while, moving forward may feel like the right decision for you. However, if you begin living with a new partner before your marriage has been dissolved and prior to having a court-approved financial consent order in place, it is important to understand how this decision might impact both your divorce proceedings and financial settlement. You should also keep in mind that, even if your marriage is legally dissolved, without a binding financial consent order, you may remain exposed to potential financial claims from your former spouse.
What is the impact on divorce proceedings if you are in a new relationship?
Whilst a new relationship during your ongoing divorce is not likely to affect the divorce proceedings, if you choose to live with a new partner during the process, your new partner’s financial position may be considered relevant when negotiating the division of your matrimonial assets with your former spouse.
What is the impact on your divorce financial settlement if you are in a new relationship?
The aim of the Court is to reach a fair financial division that meets both parties’ needs, especially when there are children involved. While your new partner’s income and assets will not be directly included in the financial settlement calculations, their financial contribution to your household could influence the court’s decisions.
During the process of financial disclosure, by way of the completion of Financial Statements (Form E’s), you will need to provide detailed information about your financial circumstances, including both individual and shared assets, your future financial needs, and details about a new partner, including their financial situation. The court will need to determine if you are genuinely cohabiting with a new partner, as any financial connections, such as contributing to bills at your partner’s home, may need to be taken into account.
If your former spouse has a new partner, then you will need to request this information from them and also from your new partner, if you have one. Failing to provide full details of this could result in your financial consent order being rejected by the Court and may complicate negotiations with your former spouse, leading to further costs and delay in reaching a settlement. It is therefore crucial that during the disclosure process, you ensure that you provide full and frank financial disclosure.
For instance, if your new partner is contributing towards household expenses, the court may view this as reducing your financial needs. This could potentially affect spousal maintenance, as your former spouse might argue that you need less financial support due to your new partner’s contribution. Whether your new partner’s finances will be factored into your financial settlement depends on the specific circumstances of your divorce.
If your and your spouse’s assets are insufficient to meet both of your future needs, your new partner’s financial situation is more likely to be taken into account. The Court may also consider that if your combined finances with your new partner (if you are cohabiting) are sufficient to meet your needs, this could potentially reduce your settlement or increase the maintenance you are required to pay to your former spouse.
What if I suspect my former spouse has a new partner that has not been declared?
If you suspect or are aware that your former spouse is living with someone else but they haven’t disclosed it, it is crucial to seek professional legal advice.
To ascertain whether or not an individual is living with a partner in a cohabitating relationship, you can engage a private investigator to ascertain whether or not your former spouse is in a cohabiting relationship. A Court can infer that you are cohabiting if you spend 3 or 4 evenings at your partners home.
In some situations, you may have vacated the family home, and your former spouse can have moved in their new partner. If you are still on the mortgage, this should only happen with your consent and it needs to be declared, as it can impact financial arrangements, such as maintenance.
Child Arrangements & Maintenance
Living with a new partner does not generally affect child maintenance unless he/she has a child, who is also moved into the household. Child maintenance is calculated based on the non-resident parent’s income and does not take into account the financial situation of the parent’s new partner. However, if living arrangements change significantly, the overall financial circumstances of both parents might be reassessed.
Introducing a new partner when you have children can bring up both emotional and practical challenges, especially if your divorce is not yet finalised and we would suggest the following tips:
- Informing Your Former Spouse: While you typically don’t need to inform a former partner about a new relationship after a breakup, the situation is different if you’re still in the divorce process and have children. It’s important to let your former spouse know about your new partner (before telling the children), particularly if you plan to live with them. Although this doesn’t change your legal standing as a divorced parent, it’s considered best practice.
- Develop a Parenting Plan: If you have an amicable relationship with your former spouse or partner, creating a parenting plan can help manage child arrangements. It’s useful to plan how you’ll introduce your new partner to your children, think about how they might react, and consider strategies for addressing any concerns they may have.
- Whilst your former spouse or partner cannot legally prevent you from introducing your new partner to the children, they may request certain boundaries, which should be respected. If your former partner expresses concerns, try to listen to their point of view and approach the situation with transparency and flexibility.
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