Monday 29 September 2014

Dating before a divorce is finalised might harm your financial position...

A High Court Judge has recently ruled that if a woman starts a relationship with another man whilst still sorting out the finances during a divorce, it may affect the settlement she receives.

In a case involving a Swansea couple, the husband’s legal team during their ‘routine investigations’ found out that the wife was dating, although not living with, another man.  Mr Justice Mostyn reasoned that "She says she is not going to live with him, although it is perfectly clear that the relationship is strong. Relationships like this always are a significant fly in the ointment in the assessment of need. One cannot make assumptions, if it is not full-blown cohabitation akin to marriage, that it will grow into that, because if it does not, the wife may be left stranded if the assumption is wrongly made. On the other hand, if one makes a needs assessment on the basis that she is a single woman and she soon cohabits, then the paying party can rightfully feel significantly aggrieved.”

In this case, and believing that the wife might soon live with her new partner, the Judge awarded £250,000.  However, he did say that if she didn’t end up living with him then £250,000 might not be enough.

Unless Judges are going to be equipped with crystal balls, there is no way of knowing how any fledgling relationship is going to turn out.

There’s a lesson to be learnt here - if you’re going through a divorce, be careful about new relationships and, if possible, steer clear until any settlement is finalised.

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