Sometimes you may be in a new relationship before your marriage has been formally dissolved by the Court. If you do have a new partner whilst you are finalising divorce proceedings, you will need to consider how this will affect your case.
If you are not living together your new partner is unlikely to affect any financial settlement. Within financial disclosure you are required to confirm if you do have a new partner and if you are cohabiting. If you are cohabiting, you will need to include basic details in relation to your partner’s financial position, albeit not in as much detail as your own at the outset. This can be an awkward conversation to have with your new partner, but it is vital that you do provide full and frank disclosure. If you are found to have not disclosed information including living with a new partner this can potentially jeopardize any financial agreement that may have been reached and could lead to the Court rejecting your Consent Order.
Whether your new partner’s finances will be accounted for in your financial settlement is dependent on the unique circumstances of your divorce. If yours and your former spouses’ assets do not meet both your requisite needs going forward, it is likely your new partner’s financial situation will be considered.
Importantly, your new partner will not be required to contribute to the financial settlement. However, if your shared finances with your new partner (if you are living together) can meet your needs, this may reduce your overall settlement or could impact on possible maintenance payments to your former spouse.
If your former spouse is the one with a new partner and is not disclosing this information, you should seek legal advice so that you are aware of your rights. Your lawyer can assist you with obtaining evidence of the cohabiting relationship.
Child arrangements may also be affected by a new partner as emotions can be high and your former spouse may not be amenable to your new partner spending time with your children. This needs to be dealt with respectfully and parties should always look at the best interests and welfare of the children. A family lawyer can help you navigate arrangements for the children and progressing these to include your new partner when this is appropriate.
Our specialist family lawyers can review your specific circumstances We recommend obtaining this advice at the earliest opportunity. We offer a free exploratory call so that we can match your specific needs with the right person in our family team. For more information or to arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment. We are also proud to support Blue Light members and offer a discount on our initial fixed fee meeting.
