It’s very common for married people to start dating again after they have separated from their partner but before this separation has been formalised through divorce. However, a senior family law judge has warned that doing so can cause problems when it comes to calculating a divorce settlement. Mr Justice Mostyn, who sits in the Family Division of the High Court, considered this issue recently while presiding over a divorce hearing in Swansea.
Dating before divorce a “fly in the ointment”
The case before the court concerned a mother, father and adopted child. The father had inherited a fortune from his family and the couple decided to set up a consultancy business and move to France. However, the marriage hit the rocks in 2012 and, in the course of a legal battle over matrimonial finances, the mother, a journalist, began a relationship with another man. The court, upon being made aware of this relationship, took this development into account as a potentially significant factor in deciding on a settlement.
In his written ruling, Mr Justice Mostyn said “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 between Scylla and Charybdis 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.”
The judge concluded that around £250,000 would be sufficient to meet the needs of the wife in this case, noting that “if the wife were assuredly single and I could foresee that continuing, I would have my doubts as to whether a net capital position, excluding pension, which will not be accessed for a long time, of just over £250,000 would be enough … On the other hand, I cannot ignore the existence of the relationship ... and so I reach the conclusion that the net figure that I leave the wife with of just over £250,000 is sufficient to meet her needs.”
Understanding your financial position
If you’re facing the prospect of divorce, you may be concerned at the financial implications. Talking to legal experts, such as the experienced team of family lawyers at Crisp & Co, can help you understand your legal situation from a monetary point of view. Don’t hesitate to get in touch if you would like to find out more.