Family Law

Divorce and Dating - is it Wise to Wait?

As family lawyers, we are often asked whether or not dating during the divorce process will have a potential impact on their case.

It is commonly known that adultery is one of a number of grounds upon which a spouse can rely to obtain a decree of divorce in the Island. However, what is less well known is that in the event that a new relationship is started before a divorce is finalised, such can have financial implications for you, this particularly so when you commence co-habitation with a third party. If, therefore, you find yourself in a new relationship and your divorce is not finalised your spouse could present a divorce based upon your adultery with your new partner and such partner may be named within the divorce documentation. Even if nothing happened until you separated it may surprise you to know that you are still married and financial implications and costs issues (particularly in the context of the divorce proceedings) have the potential to arise.

It is important for people going through a divorce to recognise that, contrary to what might be believed, the fact that someone has committed adultery will not entitle them to a greater financial settlement than they would otherwise have had but for the adultery. In other words, there is no financial benefit to a party in bringing proceedings for divorce on the basis of adultery as opposed to bringing proceedings on any other ground.

If you commence co-habitation, whether or not adultery is taking place, there will be a requirement for your new partner’s financial situation to be disclosed whilst you either attempt to resolve financial matters through your lawyers, via the mediation process or via the Court. Such might be considered in some quarters to be unjust or indeed irrelevant but it can be a significant factor in taking into account your ability to rehouse or meet your outgoings, post-divorce. This is because where otherwise the person committing the adultery might be living alone and thus having to meet his or her own outgoings in their totality, where that person is co-habiting , those outgoings will properly be shared between your spouse and his or her new co-habitee, so potentially affecting the extent of financial provision to be made for that person.

You may have wondered that when you do commence a new relationship and live with that person whether that person may gain rights over property owned by you by virtue of such co-habitation, such as entitlement to partner’s income, pension, savings or property. In such a scenario, you may find it of some comfort to learn that you do not have the same rights as against such assets as you have when you are a married couple. However, if you have had a child or children together, you may be in a position to seek financial provision on their behalf.

In the event that you wish to co-habit with a third party, you may wish to consider entering into a co-habitation agreement. Such an agreement will ensure that there is a mutual understanding as to ownership of any property in which you may choose to co-habit, how you will meet the day to day outgoings and indeed what the intention would be in terms of division of such assets in the event of a separation.

If you find yourself wondering whether it is “safe” to enter into a new relationship and live with a third party whilst you still remain married to your spouse then Benest & Syvret would be delighted to provide advice as to how best to achieve your objectives.

Contact us.

© Benest & Syvret 2022 Privacy Policy

We Care About Your Privacy

The following website has been provided for information pertaining to Benest & Syvret and their services. The below information sets out how Benest & Syvret uses and protects the data collected via our website. When using this site, you are legally bound to the following privacy policy, so please read carefully. Privacy protection is something that Benest & Syvret are fully committed towards.

The Information We Collect

Many of our services may require the supply of personal information. When contacting us, we may ask for details such as your name, email address and telephone number. If you choose to register for our newsletter, we will require personal information including your name and email address.

What We Do With The Information

All of the information collected from the website is solely used for the purposes outlined in this document. We do not divulge any information to anyone outside of Benest & Syvret without prior consent from the website visitor – unless it is necessary to provide a requested service.

How We Make Your Information Secure

iPOP take every necessary step to ensure that your personal information is secure. We follow strict policies and follow best practice standards of security when collecting personal information. The website uses HTTPS (This is an adaptation of the Hypertext Transfer Protocol (HTTP) for secure communication over a computer network) to help protect against your personal information being stolen, destroyed or divulged to third parties. Your personal details are stored at our restricted offices which have no unauthorised access.

What We Collect

Through the use of contact forms, call back requests and newsletter sign-ups, we may collect, but are not limited to, the following information:

What We Do With The Information We Collect

We try our best to understand your needs and provide you a high level of service. We may use the information collected for the following reasons: Internal record keeping Improve our products using your email addresses, we will from time to time send you promotional emails with things that may be of interest to you, such as news, offers and industry related articles to customise the website according to your interests

How We Use Cookies

Cookies are files which can be placed onto your computer’s hard drive, with your prior consent. There are numerous benefits to having cookies placed on your hard drive. If you have accepted, cookies are used to identify when you visit a particular site, as well as analyse web traffic. Cookies also facilitate a more personal web experience, allowing web applications to gather information about your preferences, and respond to you as an individual.

Please visit: for more information on cookies.

At Benest & Syvret, traffic log cookies are used to identify the pages that are being used. From the data provided by these cookies, we can analyse the traffic to our website and tailor it to our customer’s needs. This information is only used for the purpose of statistical analysis and the betterment of your user experience. You can choose whether to accept cookies, or not. Many web browsers accept cookies. You can decline cookies in your browser settings if you wish. However, our website and many others may no longer function correctly.

If you accept cookies, we can see which pages our visitors find useful and which are not. This provides us information to be used for a better user experience. Cookies do not allow us to do anything untoward like gain access to your computer.


This website uses the following cookies:

Google Analytics: This cookie allows us to see information on user website activities including, but not limited to page views, source and time spent on website. The information is anonymised and is displayed as numbers, meaning it cannot be tracked back to individuals. This will help to protect your privacy. Using Google Analytics we can see what content is popular on our website, and strive to give you more of the things you enjoy reading and watching.

Google AdWords: We use the Google Advertising platform to promote our services. The cookies from Adwords allow us to provide a better advertising experience

Facebook Advertising: We use Facebook advertising conversion tracking and retargeting pixels, which allows us to collect or receive information from your website and elsewhere on the internet and use that information to provide measurement services and target advertising.

DoubleClick: We use remarketing codes to log when users view specific pages, allowing us to provide targeted advertising in the future.

Email Marketing We Send May Contain Tracking Codes

If you have opted in to receive our newsletters, then this may include tracking codes that help us understand who, as well as how many people have opened or clicked on each email. This data helps us to create better emails in the future, and provide you with a better service. This data is stored on the servers of our email partners and covered under their security measures.

Third Party Links

This website may contain links to other websites. However, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting these sites and as such are not governed by this privacy statement.


Hyperlinks on this site may be shortened to hide long links for functionality and tracking.

Controlling Your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways: if you have previously agreed to us using your personal information for direct marketing purposes, you may opt-out at any time by emailing us which you can do via the website.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held then please contact us. If you notice or know that any information we are holding about you is incorrect, please write to or email us as at the address detailed on the website. We will correct any information you indicate to be incorrect as soon as possible.

How To Opt Out OF Cookies

To opt out of a third-party vendor’s use of cookies, visit the Network Advertising Initiative opt out page. If you want to opt out of our emails, fill in the contact form on our website. Please note that deciding to opt out of cookies for your browser may prevent webpages from functioning correctly. If you wish to disable cookies, please select the below image for your particular browser.

Google Chrome
Mozilla Firefox
Apple Safari
Apple Safari iOS
Internet Explorer
Google Android

Variations To The Policy

We reserve the right to alter and change information provided in this document at our own discretion and therefore this document should be regularly referred to for updates and variations. If you have any questions regarding this policy, our contact details are as follows:

16 Hill Street,
St Helier,

T: 01534 875 875
F: 01534 875 885