Starting a new relationship while you are going through the process of divorce is legally allowed in the UK. However, it is important to understand, that living or intending to live with your new partner may have a negative impact on your divorce settlement because of your new financial situation. For example, living with your new partner may result in you receiving a smaller financial divorce settlement.
In attempting to reach a fair divorce settlement, the courts take into account a range of factors, including your current and reasonably foreseeable financial resources (including capital and income) and those of your ex-partner. This is why living with your new partner can impact on a divorce settlement Financial Order issued by the courts.
Starting a new relationship during divorce in the UK
The reality is that the divorce process in the UK can be lengthy for a number of reasons. It may be that one spouse decides to ‘drag out’ the divorce for longer than is necessary. It may also be prolonged as a result of missing documents, hidden assets, and ill health. This is why, understandably, many people make the decision to start a relationship with a new partner when separated or before their divorce is finalised.
Remember that when reaching a divorce settlement, the courts will want to get a better understanding of your plans for the future. This is why dating someone during the divorce process, even if you are not cohabiting, can impact on your divorce settlement in some cases.
Starting a new relationship during your divorce can also cause resentment, anger, and concern for the other party, which, in itself, can impact on a divorce settlement. As much as possible, it is always important to be as amicable during the divorce settlement negotiation phase. Unfortunately, in some cases, one party may actively seek a higher divorce settlement if their ex-partner is in a new relationship.
Living with a new partner before divorce or during separation
If you live with a new partner before divorce or during separation, spousal maintenance and/or child maintenance may be affected depending on whether you share your finances with them. Spousal maintenance may be reduced if you share your financial expenses with your new partner, or if they cover all of your expenses. If your new partner does not contribute financially at all to your shared costs, the judge may decide that there is no need to reduce the amount of spousal maintenance ordered.
Another consideration is that child arrangements (i.e. where and with whom a child lives after divorce) can be affected by living with a new partner before the divorce is finalised. For example, the other partner with parental responsibility may try to stop their child from living with the new partner, but the courts will only consider such a request if there is a genuine reason (e.g. a proven risk to their safety and welfare).
Do I have to disclose my new partner’s assets?
During the divorce settlement process, you and your ex-partner will need to disclose all of your financial assets. This is called making a ‘full and frank’ disclosure of your finances. If you are living with a new partner, you will also need to disclose the details of their assets. However, bear in mind, that you only need to include any assets held by your partner that you are aware of, and these may not be considered relevant by the court. The extent to which your new partner’s assets are relevant will depend on a number of factors, including the length and stability of your relationship and whether the matrimonial assets are enough to meet the needs of both parties. If your new partner’s financial assets are relatively modest, they are more likely to be excluded from any divorce settlement.
