Divorce Month: What you should know about dating during divorce

From beginning to end, it’s not unusual for the divorce process to take months, or even years, especially if there are complex finances involved.

The lengthy reality of some divorces means that sometimes, one or both of the spouses, could meet someone else.

With rumours questioning whether Brad Pitt is dating again appearing in the news over recent weeks, we thought we’d take a look at what it could mean for your divorce if you were to meet someone else before your divorce is finalised.

Back in 2014, Mr Justic Mostyn warned that women could risk losing their share of the finances by embarking on a new relationship, because judges may assume that their financial future was assured, as they were going to set up home with their new partner.

A new relationship could cause more friction between you and your spouse

Divorce can be an extremely stressful time when emotions may run high. Embarking on a new relationship during your divorce could cause issues between you and your spouse, especially if they did not want the relationship to end. This friction may make negotiations about your financial settlement more strained and difficult than they could have been without another party involved.

Moreover, buying expensive gifts for your new partner could result in your spouse arguing that the money you spent should be added back into the matrimonial finances when it comes to the financial settlement.

Living with your new partner could have an impact on your financial settlement

If you are living with a new partner, a judge could assume that you are, to some extent at least, sharing your finances.

If you are living with your new partner during divorce proceedings, or intend to live with your new partner, you will be required to disclose this.

In this situation, a request for information about your new partner’s financial position could be made and then approved by a court. This information could be taken into consideration when courts are looking at issues such as your ability to re-house.

How to know if you are cohabiting

There is currently no legal definition regarding cohabitation. However, a court can take into account a number of things, such as opening a bank account with your new partner or sharing bills in a property.

Remarriage before finances are finalised could put an end to any financial claims

If you were to remarry your new partner before the financial settlement from your previous marriage had been finalised, you may be unable to make any financial claims against your previous partner.

Consider how to tell your children

Children can find it hard that one of their parents is in a new relationship. Consider how and when to tell them, rather than leaving them to find out via other people or social media.

It is important to obtain legal advice as soon as possible if you are involved in a relationship with a new partner, or at least before deciding whether to cohabit with your new partner, during the divorce process.

For more information on this subject please visit our Legal Library.

Contact us to see how we can help you with your divorce

For more information on your options call our team on 0845 862 5001 or email mail@austinkemp.co.uk.

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