To Date Or Not To Date... That Is The Question
It is only natural that when one relationship ends, another one begins. But when it comes to divorce, when is the right time to start dating? To put it frankly, if you are thinking of embarking upon a new relationship before your divorce is finalised then from a legal point of view… don’t!
This may sound harsh but the recent case of AB v CB has shown that when dealing with financial settlements upon divorce, a new relationship can be “a significant fly in the ointment” which may have a greater bearing on the finances than you may think.
The case of AB v CB involved a wife who had been in a new relationship for around 9 months by the time of the conclusion of her financial proceedings. Although she was adamant that it was not her intention to live with her new partner, Mr Justice Mostyn found that “it is perfectly clear that the relationship is strong” and in determining the division of her and her husband’s assets, he took into account the financial position of her new partner. This resulted in her receiving a lower lump sum than she otherwise would have.
One may question the justification of this decision especially given that her husband was also given the, so often sought after, ‘clean break’ that most husbands can only dream of upon divorce. It remains to be seen how this decision will impact on future cases but it is clear that it is worth holding off any new romances before divorce.