While there is no law prohibiting dating while going through a divorce, doing so could still affect the legal proceedings between you and your soon-to-be-former spouse in a few ways: Custody – Dating during separation could also affect the perception of parenting abilities, obligations, and desires.

Is it legal to be dating while separated?

Yes, you can date someone else after you separate from your spouse. There is nothing illegal or wrong about dating while married and waiting for your divorce as long as you are living separate and apart.

How does date of separation affect divorce?

The two main reasons the separation date is important is when applying for divorce and finalising a property settlement. A divorce cannot be granted by the Court unless you have been separated for 12 months.

Is seeing someone while separated cheating?

Couples who are separated, whether informally or legally, are still married in the eyes of the law, regardless of how independent their lives have become. This means that if either spouse has a sexual relationship with another person during the separation period, they have probably committed adultery.

What is considered abandonment in a marriage?

Desertion occurs where 1 party to a marriage withdraws from the matrimonial relationship: with the intention of causing a permanent separation, without the consent or against the will of the other, and. without cause or reasonable excuse.