Moving a new partner into the matrimonial home
29 July 2024
By Nicola Watts
Going through a divorce can be an emotionally turbulent time, and the decision to move a new partner into the matrimonial home before a divorce is finalised can add another layer of complexity.
While this personal choice is understandable and it can be a common occurrence, it’s crucial to be aware of the potential legal implications that come with it.
Property settlement and the new partner
In Western Australia, the court follow a specific process when determining property settlement during a divorce.
This process generally involves identifying and valuing the assets and liabilities of both parties, considering their contributions (financial, non-financial and homemaker/parenting) to the relationship, assessing their future needs, and ultimately determining whether the proposed property settlement orders are just and equitable.
When a new partner is introduced into the equation and commences living with a divorcing party, the new partner’s financial circumstances can play a role in the property settlement process.
The court may consider the new partner’s income, expenses, and assets and the overall property settlement may be impacted based on those financial circumstances.
Ex-spouse claims and the new partner’s assets
In certain cases, the new partner’s assets can be considered as assets of the divorcing spouse.
This can potentially lead to claims against the new partner’s assets by an ex-spouse.
Legal considerations and seeking professional advice
Moving in a new partner before a divorce is finalised can have significant legal implications on property settlement and potentially lead to an ex-spouse making claims with respect to the new spouses’ assets.
It’s crucial to understand these implications and the potential consequences of such a move, especially when it comes to future financial arrangements.
At O’Sullivan Davies, we understand the complexities involved in these situations. Our experienced family law professionals are dedicated to providing comprehensive legal advice and guidance to help you navigate the legal landscape and protect your interests.
Don’t hesitate to contact us today to schedule a consultation and take the first step towards securing your future.