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Last week, esteemed High Court judge Mr Justice Mostyn suggested that women seeking divorce settlements from their husbands should refrain from beginning new relationships before said settlement is finalised and their marriages are legally dissolved; but why? Many would assume that this advice stems from that fact that, should an individual begin a new relationship whilst still legally married to their spouse, they would technically be committing an act of adultery and that this would result in a diminished settlement. This, however, is not the case. Irrespective of whether a spouse has committed adultery or acted unreasonably, it is extremely unlikely that this will have any impact upon a settlement. Rather, when determining a fair divorce settlement, judges must determine how best to divide the assets available in such a way as to meet both parties’ reasonable needs. As a result, should an individual commence a new and serious relationship prior to their settlement having been determined, it is reasonable to presume that their needs will diminish and the settlement figure will be adjusted accordingly. Arriving at a decision is likely to prove problematic, however: deciding whether or not a new relationship is likely to last is a difficult task, particularly if the romance has not brought about co-habitation. Indeed, as Mostyn himself point out: “One cannot make assumptions, if it is not full-blown cohabitation akin to marriage, that it will grow into that, because if it does not, the wife may be left stranded. On the other hand, if one makes a needs assessment on the basis that she is a single woman and she soon cohabits, then the paying party ... can rightfully feel significantly aggrieved.” So, whilst it would appear to be wise to avoid new relationships prior to your divorce being finalised the matter is, akin to virtually all else that exists within the world of law, highly contentious.