Living with a new partner but still married to your ex? What you need to know
For some people, moving on will be an appropriate next step, particularly if their marriage has effectively been over for some time. Whilst it is legal, if you have started to live with a new partner before your marriage is legally dissolved and before you have a court agreed consent order, there are some things you need to consider as they may have an impact on your future finances and divorce.
It is important to remember that even if your final order has been granted, and your marriage is ended, if you don’t have a financial settlement, you are still vulnerable to financial claims from your ex-spouse.
Will having a new partner affect my divorce settlement?
Dating during divorce will not necessarily impact your financial settlement. However, if you move in with a new partner during your divorce, their financial situation may be taken into account during the negotiations for resolving your matrimonial finances.
When you fill in the Form E, you will be asked for in-depth information about your financial situation (both sole and joint assets), your future needs, and information about a new partner, including their financial situation. It is essential that you provide full and frank financial disclosure.
You will need to ask your new partner for this information. Although this may be a sensitive topic, and your cohabiting relationship might be new, it is important you are honest in your disclosure, as non-disclosure could mean your consent order is rejected. It also can make it harder to reach an agreement with your ex, costing time and money.
It can be tempting to claim that you do not have a new relationship, or you are not living with your new partner because you are still running two homes. However, a court will want to establish whether you are actually living together with a new partner because any financial links, for example if you are paying bills at your new partner’s house, may need to be considered
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 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 increase the maintenance you pay to your ex.
My ex is living with someone but not declaring it, what do I do?
If you are in the position where you suspect, or know, that your ex-spouse is living with someone else, but they have not declared it, it is important to seek expert legal advice. A lawyer will be able to establish your rights, and whether your ex is living with a new partner.
In some cases, you might have moved out of the family home, and your ex has moved their new partner into the house. This will need to have been done with your consent if you are still named on the mortgage. It will also need to be declared and may affect various financial agreements such as maintenance payments.
The best thing to do is seek legal advice, as this can quickly become complicated.
Will a new partner affect child arrangements?
The presence of a new partner can raise emotional and practical concerns when you have children. Introducing a new partner can be difficult, especially if the divorce is not finalised.
- Tell your ex
Usually when you break up, you don’t need to tell your ex-partner you’re seeing someone knew. However, if you are still going through the divorce process and have children, it is important you tell your ex (before telling your children), particularly if you are moving in with a new person.
It does not legally change your position as a divorced parent but is good practice.
- Create a parenting plan
Creating a parenting plan with your ex, if you are on good terms, can be a great way to ensure that you manage the child arrangements with sensitivity and prioritise your child’s wellbeing.
You might want to come up with a plan of how you will tell the children about your new relationship and think of some scenarios of how they may respond and what you can do to manage these.
Your ex cannot legally prevent you from introducing your new partner to the children, however they can request boundaries and it is important to respect these. If your ex raises concerns, listen, and understand their perspective and try to be open and flexible.
- Child arrangements orders
Ideally, parents would agree their own arrangements. However, sometimes the court may need to get involved and put in place a child arrangements order that parents are legally obliged to adhere to.
Living with a new partner does not legally change your position, but it is likely something the court will want to know and may alter the terms of the child arrangements order where appropriate to do so. The court’s primary focus is always the wellbeing of the child/ren, and the introduction of a new partner may affect this.
Ultimately, if you know you are ready to move on, and have found happiness with someone new, you are legally allowed to move in with that person. You are not allowed to remarry until your divorce is finalised, however. It is important to remember that living with a new partner may have implications for your financial settlement, and potentially your child arrangements. Speak to your solicitor about this as soon as possible, as they will be able to advise you as to what impact it may have and what your actions will need to be.
Useful Links
Navigating the conversation: Telling your children about your new partner after divorce
Hey buddy! I totally agree with you. You put truly supportive data. It was truly informative, thank you for putting all the effort that you did in writing this exceptional blog!