Whilst divorce signifies the end of a relationship, it also marks the start of new beginnings. For some, it is a chance to reconnect with themselves and enjoy newfound independence. For others, it is an exciting opportunity to explore new connections and forge another partnership.

However, if you are in divorce proceedings, there are legal and practical considerations to keep in mind should you wish to date a new partner.

Is dating during separation classed as adultery?

Until you obtain your final divorce order (previously known as the decree absolute) you remain legally married so, technically, a sexual relationship outside of your marriage would be classed as adultery. However, since the introduction of no-fault divorce in April 2022, adultery is no longer grounds for ending a marriage. Furthermore, adultery itself will not usually be considered by the courts during financial remedy proceedings. This is because the conduct of the parties is not relevant to the division of assets unless it is so bad that ‘it would be inequitable to disregard it’. Adultery alone does not meet this high threshold.

What are the legal implications?

Dating during divorce will not usually affect a financial settlement, however if you decide to cohabit with your new partner that may impact the court’s decision making.

When determining a financial settlement, the court is concerned with ensuring that the needs of both parties are met (so far as possible). Practically speaking, the court will consider the assets available for division and look at how these should be divided between you and your spouse to meet each of your needs.

If you are living with a new partner, then your housing needs will be considered to have been met. Similarly, your income needs are likely to reduce as you will be sharing day to day expenses with your new partner. This reduction in needs could impact what you receive by way of financial settlement compared to if you were living alone and responsible for meeting your own financial needs.

If you and your ex are looking to try and settle matters outside of court through mediation or non-court dispute resolution, it is worth considering how dating may impact their approach to negotiations. Will it increase conflict and cause complications? If you anticipate that dating might make your spouse less cooperative, it may be best to focus on finalising the financial matters relating to the divorce before bringing dating into the mix.

What are the emotional implications?

If you share children with your spouse, it is important to try and maintain a healthy co-parenting relationship with them post-divorce. You will need to communicate and agree about a range of matters relating to your children and you are likely to be involved in each other’s lives for a number of years. Keep this in mind when dating or embarking on a new relationship. Remember that it is normal for an ex-partner moving on to stir up a range emotions, so try to be sensitive to this.

Whilst it is natural to be excited about a new relationship following separation, be mindful that divorce can be an unsettling time for children and they may need extra support and attention during this transitional period. Read our blog on supporting children through divorce here.