Can I live with my new partner even though I am still married?
Can I live with my new partner even though I am still married?
When two spouses come to the realisation that their marriage has come to an end, it can feel like a natural step, after a period of time, to move on and find a new connection with another person. This can be particularly common where spouses have been separated for some time.
Whilst it is perfectly legal to live with a new partner even if you are still married or in a civil partnership with your ex, if cohabitation with a new partner has begun before your marriage has legally been dissolved and before a court agreed to endorse an order dealing with financial assets, then there are a few things each party may need to consider.
The largest impact living with a new partner can have on the divorce or dissolution of a civil partnership process is that the new partner’s financial situation may be taken into account during the negotiations between spouses/civil partners. During negotiations, the division of the marital assets is often being done against a backdrop of trying to meet everyone’s needs. Negotiations tend to involve using the court Form E (regardless of whether or not formal proceedings have begun) because it allows both spouses to provide in-depth information about their own financial situation (both in terms of setting out their sole and joint assets). The Form also provides sections covering each party’s future needs, and information about a new partner, including their financial situation. It is essential that in completing this exercise, each party provides full and frank financial disclosure in support.
Anyone living with a new partner during this time will need to ask their new partner for this information. Although this may be a sensitive topic, and the cohabiting relationship might be new, it is important each spouse/civil partner is honest in their disclosure. Non-disclosure whilst not always pivotal, can on occasions lead to a break down in direct negotiations or a resolution being agreed in mediation or other forms of alternative dispute resolution (e.g. mediation or round table meetings). If not overcome, parties are more inclined to issue court led proceedings which often lead to entrenchment of their respective positions, ultimately costing both parties considerable time and increased legal fees.
It can be tempting for either side to claim that they are not in a new relationship, or that the relationship is so new that there is no prospect of cohabitation i.e. because they are still running two homes. However, a court will want to establish whether the new couple do actually live together or are planning to live together in the future given the possible “pooling” of resources when asked to assess the income and capital needs of that party.
Ultimately, if one spouse knows they are ready to move on and have found happiness with someone new, they are legally allowed to move in with that person. It is not possible to remarry or enter into a new civil partnership until your divorce is finalised or the civil partnership dissolved. However, it is important to remember that living with a new partner may have implications on reaching a financial settlement. Anyone considering moving in with a new partner should speak to an experienced family law solicitor about this as soon as possible, so that advice can be obtained as to any potential impact on immediate financial arrangements as well as longer term when attempting to negotiate a final settlement.
For further information, please contact a member of our Family Law team today to find out more and to book in initial fixed fee consultation at Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Colchester at [email protected] on 01206 584584.
