
Insight
A new relationship may be the catalyst for ending a marriage or, if it was not your choice to end the marriage, you may find that after a period of living on your own you want to and are ready to start a new relationship. It is important to think about how your new relationship will impact on your ex and your family and below are the answers to common questions and some tips from Kirstie Law.
How are children affected by having a parent’s new partner move in?
Children will inevitably be affected by the introduction of a new significant adult into their life. Whether this effect is positive or negative will depend on the circumstances. Your children are likely to pick up on negative feelings that the other parent has towards a new partner. They may also independently feel resentful if they regard the new partner as being the reason for the breakdown of their parents’ marriage. Even if not the reason for the breakdown, they may perceive the new partner as being an obstacle to their parents getting back together if this is what they are hoping for. It is therefore sensible to introduce the new partner once your children have adjusted to your separation and ideally with the full support of the other parent.
How to prepare for a new partner moving in :
What is the impact of living with a new partner on a financial settlement?
If you are planning to cohabit or remarry then this should be disclosed both on the Form E, (the disclosure form that is required when an application is made to the court to resolve financial matters and which it is also not unusual to complete if you are hoping to resolve matters amicably – e.g. through mediation or collaborative law,) and also on the summary Statement of Information form, which is filed with the court if you reach an agreement and ask the court to approve a consent order.
On the Form E you are required to disclose to the best of your knowledge, information and belief your cohabitee’s financial position (capital and income).
The extent to which a cohabitee’s financial position is relevant to a financial settlement does depend. If it is a long marriage where you and your spouse have similar earning capacities and are dividing the capital equally with a clean break settlement then the fact that one or other of you is cohabiting may well not impact the financial settlement at all. If however it is a case where one spouse is claiming maintenance from the other, then an intention to cohabit is relevant because you would expect the person with whom you are cohabiting to make a contribution towards your joint outgoings which may mean you can afford to pay more or receive less maintenance.
The level of contribution expected will depend on the cohabitee’s income position. In practice it is not unusual where a former spouse is living with someone on a reasonable income who can afford to pay towards the joint outgoings for this to mean the spousal maintenance is just paid at a nominal 5p a year level to keep the claim open in case the relationship ends, but so that an ex-spouse is not effectively supporting a new partner.
People often ask whether there is a legal definition of cohabitation and the answer is no. It is not the case that spending a certain number of nights a week under the same roof will lead to a finding that there is cohabitation. Courts do sometimes apply the ‘but for’ test. This is best explained as “were it not for the fact that the ex-spouse is receiving maintenance, would they be cohabitating” and if the answer to that is yes, the court may well make the decision to not order substantive maintenance (more than 5p per year) or, if it is an application to vary maintenance, to reduce it to a nominal amount.
If you are the spouse who is or is likely to be ordered to pay substantive maintenance to an ex-spouse, then again the position of your cohabitee is relevant in the sense that he or she should be contributing towards your joint outgoings. The court would never expect a new partner to effectively pay maintenance to an ex-spouse, but you cannot, for example, say that your income is needed to pay all the household outgoings which means you cannot afford to pay maintenance, whilst your new partner is retaining their income, or spending it on luxury items, such as fast cars and holidays.
How to communicate with an ex-partner about a new relationship:
If you have any questions, please get in touch info@ts-p.co.uk