Don’t date before divorce

As divorce advice goes, this tip is rather usual.

A High Court Judge has recently ruled that women going through divorce should avoid finding a new partner until the financial settlement has concluded.

This is because the prospect of living with a new partner could reduce the amount of money a court awards the wife.

He referred to dating before divorce as a “fly in the ointment” for family court judges trying to decide on financial settlements.

Mr Justice Mostyn was ruling in the case of a couple in their 40s from Swansea. The couple met in 1999, lived together and had an adopted child.

Following their marriage, the husband had inherited millions from his family and the wife was working as a journalist.

Once separated, the wife struck up a new relationship with a former army officer. This relationship was uncovered by investigations made by the husband’s legal team.

Despite assurances by the wife that she was not going to live with her new partner, the judge explained “…the paying party … can rightfully feel significantly aggrieved.” if she were to soon cohabit.

Subsequently, Mr Justice Mostyn reasoned that around £250,000 would be enough to meet the journalist’s needs.

He commented:

“In my judgment, 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.”

The ruling surprised family law experts who also warned that divorcing women should be careful about starting new relationships when still in dispute about money with their former husband.

The same principle would of course also apply to men going through divorce, when the wife was the wealthier partner in the relationship.

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