15th Aug 2017

Will my new partner have to disclose his or her financial situation when I divorce?

In this short blog we look at the challenges presented when you – or your spouse – have a new partner and you are trying to resolve the financial arrangements on divorce.

If you are going through a divorce and you are living with your new partner, then you must disclose this to your former partner when you are sorting out the finances on your divorce. If you do not, this might be a basis for setting aside a financial agreement or order and starting negotiations or Court hearings all over again. There can be costs penalties and other disadvantages if it is later shown that you had failed to disclose something as important as this.

This need to disclose the fact that you are living with your new partner is set out in the Court’s financial document – the Form E.  It explains that any actual or anticipated co-habitating relationship has to be disclosed.

What is more, you will also have to provide details relating to your new partner’s financial circumstances, as far as they are known to you. You should expect questions about further information as well.

This requirement is often a cause for concern particularly if your new relationship is in its early stages. The new partner may be reluctant to share this most personal of information. And they might be wary about being drawn into your dispute. 

In situations where there is an ongoing degree of animosity between you and your former partner, then the temptation to withhold financial information about your new partner may be strong. This is all the more tempting when the Court cannot order your new partner to be responsible to make any payments to your former partner. But it is far better to provide a prompt, clear and succinct summary to avoid the costs and antagonism that can otherwise be stirred up by trying to keep matters secret.

At Family Law in Partnership we understand that divorce can be incredibly difficult. We want to help, and we pride ourselves in doing things differently. We have an award winning team of specialist family lawyers, arbitrators, mediators and family consultants. Whether you want someone with you every step of the way, or prefer advice as and when you need it, we can assist. To find out more about how we can help you through divorce and separation, contact any of our top London divorce and family lawyers at E: hello@flip.co.uk or T: 020 7420 5000.

Contact FLiP for advice about your divorce or separation