Divorce when my spouse has a new partner

Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 13 August 2026England & Wales

Since no-fault divorce came in, an affair or a new relationship is not a reason you give the court and does not give you an advantage in the divorce itself.

CalmSplit keeps the divorce simple and administrative, so you can put your energy into the financial arrangements that actually affect your future.

  • Adultery no longer exists as a reason for divorce
  • Conduct rarely changes financial outcomes
  • A financial order is what protects you
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One-off CalmSplit fee. HMCTS court fees are paid separately to the court.

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Why the court does not weigh blame

The application only asks you to confirm the marriage has broken down irretrievably. There is no space to set out what happened, and the court will not investigate it.

Does it affect the money?

  • Conduct only affects finances in rare and extreme cases
  • Spending marital money on a new relationship can be raised as dissipation of assets
  • If your spouse now cohabits, their household costs may change the picture
  • Full financial disclosure matters far more than the reason for the split

Protecting yourself practically

  • Get a financial order rather than an informal agreement
  • Consider a clean break so future claims are closed
  • Update your will and any nominated pension beneficiaries
  • Keep records if you suspect assets are being moved

Frequently asked questions

No. The application does not ask and the court will not record it.

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