Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Does divorce settlement take new partner/pregnancy into account?

30 replies

Orangemochafrappacino · 02/08/2021 18:08

Posting for a friend.

Does anyone know if a judge will take a new partner into account when agreeing a divorce settlement? Friend is part way through a messy divorce (1 DD) and finances havent been worked out, shes pregnant with her new partner and they want to move in together but is worried she wont get as much in the divorce if she declares everything.

Anyone got any experience? Thanks

OP posts:
BillMasen · 02/08/2021 18:22

Worried she won’t get as much if she tells the truth? Lovely

Original poster
Orangemochafrappacino · 02/08/2021 18:26

Drip feed I know but the ex is a bit of an arse. Doesnt pay his child maintenance and barely sees their DD so she doesnt think 50/50 is very fair.

OP posts:
RosieGuacamosie · 02/08/2021 18:28

I’m pretty sure you have to declare on the financial form whether you are living with, or intend to live with a new partner. It would be seriously dodgy to lie to the court!

SW1amp · 02/08/2021 18:29

During my divorce, the judge said the split of assets was to ensure both parties could be properly housed

ExH tried to argue that because I had a new boyfriend (not cohabiting but fairly serious) who owned a large house, I didn’t need the equity to be properly housed

I was able to prove that we didn’t live together but it would have counted against me if we had been living together

If she is pregnant, it’s going to be harder for her to prove they don’t intend living together, I guess? But it might depend what his housing situation is?

Batshittery · 02/08/2021 18:31

@BillMasen

Worried she won’t get as much if she tells the truth? Lovely
Exactly this
SpindleWhorl · 02/08/2021 18:45

During my divorce, the judge said the split of assets was to ensure both parties could be properly housed

Ditto

MrsTerryPratchett · 02/08/2021 18:48

I'd be more worried that my friend was making some massive life decisions when in a pretty vulnerable state.

Original poster
Orangemochafrappacino · 02/08/2021 19:37

I'm not painting her in a good light here am I, but she is genuinely a lovely and not at all grabby or selfish person. She just had previously wanted 70/30 due to the fact that ex earns well and she pretty much has sole care of their daughter and thought she had a good case for that.

The new baby wasnt planned but they are happy and making the best of it, hence wanting to move in together.

She is wondering if ex now has a leg to stand on for 50/50 as with the new partners income and equity means they can easily be adequately housed.

She just really isn't sure that's fair for her DD after ex has hurt them both so much.

OP posts:
BillMasen · 02/08/2021 19:47

That’s not sounding much better
He’s hurt her so she wants more of the money?

Fwiw she could argue for a greater share of she’ll have their daughter more, but as others have said, if she’s adequately housed and he wouldn’t be, that’s not fair

Original poster
Orangemochafrappacino · 02/08/2021 19:52

Got you @BillMasen thanks

It isnt money shes after more the security for their DD but I see your point.

OP posts:
BingBongToTheMoon · 02/08/2021 19:52

Dad ALWAYS had a “chance” of having his daughter 50/50 if he asks for it, it will be considered. The fact that mum is pregnant and possibly moving in with another man has no regard to dad walking for/ being awarded his child half the time.

Whinginadeville · 02/08/2021 19:58

My now dh got a reduced settlement because he was living with me. The judge said he was adequately housed. His solicitor begged him to rent a flat and not cohabit but he didn't want to lie. Luckily for him our relationship worked out.

Original poster
Orangemochafrappacino · 02/08/2021 20:00

He doesn't want 50/50, he rarely bothers to turn up to collect her for every other weekend visits

OP posts:
ActonSquirrel · 02/08/2021 20:00

So she wants her soon to be ex to finance both of them then ...we'll all 3 of them.

Her, new man and new baby. Why should he

Original poster
Orangemochafrappacino · 02/08/2021 20:00

Sorry I meant he was asking for a 50/50 split of the house not of their daughter in the previous post.

OP posts:
Themeparklover · 02/08/2021 20:02

I'm sure if you move on during the divorce proceedings in can be classed as adultery because you're still legally married and can be used as a reason for why the marriage is irreconcilable by the ex, ie her ex could say she has made it impossible to reconcile

Original poster
Orangemochafrappacino · 02/08/2021 20:02

@ActonSquirrel

So she wants her soon to be ex to finance both of them then ...we'll all 3 of them.

Her, new man and new baby. Why should he

Well she was thinking it would be because she has full responsibility for their shared daughter more than anything and he doesnt contribute a jot?
OP posts:
ActonSquirrel · 02/08/2021 20:04

Then she needs to make a CSA claim. She'll get decent money if the child never stays with dad.

Fullofglee · 02/08/2021 20:07

She hasn't considered her dd in this, literally meeting a new bf getting pregnant quickly, then wanting to move in with them, her ex shouldn't shouldn't have to provide more given she has a new partner and baby on the way.

BingBongToTheMoon · 02/08/2021 20:43

@Orangemochafrappacino

Sorry I meant he was asking for a 50/50 split of the house not of their daughter in the previous post.
Oh, sorry that was my misunderstanding.
SW1amp · 02/08/2021 20:57

@ActonSquirrel

So she wants her soon to be ex to finance both of them then ...we'll all 3 of them.

Her, new man and new baby. Why should he

No, she wants her ExH to give a fair amount towards his existing daughter without the potential support of a potential new partner being taken into account

As OP says, the ExW and new partner don’t live together. But an upcoming baby shows some intent that it might happen at some point in the future in a way that wouldn’t if she wasn’t pregnant

Original poster
Orangemochafrappacino · 02/08/2021 21:34

Yes that's exactly it @SW1amp

OP posts:
MiddleParking · 02/08/2021 22:11

@Themeparklover

I'm sure if you move on during the divorce proceedings in can be classed as adultery because you're still legally married and can be used as a reason for why the marriage is irreconcilable by the ex, ie her ex could say she has made it impossible to reconcile
What difference does that make? They’re presumably past petition stage. You don’t get more in the settlement because your ex is an adulterer.

Personally OP I’d be happy to see pricks like your friend’s ex stiffed for every penny but she should be careful about risking getting in trouble. She needs to be truthful with the court.

Elbie79 · 03/08/2021 06:09

Every case is fact specific, but she probably would get less because the court will take into account what her new DP is contributing to the set up. New DP doesn't have a responsibility to house current DC, but it's a question of what resources are available to meet your friend's needs.

But a financial decision can be overturned any time in the future if it turns out a party didn't disclose their full circumstances. And she's hardly going to be able to hide this particular development. Plus, if her ex is an arse, he's presumably more likely to go after her for non disclosure and try to get money back. It simply isn't worth it.

Couldhavebeenme2 · 03/08/2021 06:54

CSA claim in. Today. Now. Zero impact on financial outcome for the divorce and he makes a minimum financial contribution towards his dc outwith the divorce.

Swipe left for the next trending thread