Blended Families | The Professional Will Writer & Lasting Powers of Attorney 01323 766 766

Blended families/ second marriages / common law marriage (where one parent is a step-parent but does not have parental responsibility legally) have the pressures of normal families, with a whole lot more on top, not to mention often the legal issues of unmarried couples. The Rules of Intestacy are not currently friendly to blended families and step-parents, and other rules conspire to make life way more difficult when things go wrong, especially if no serious legal planning has been done.

For ease, a step-parent is one who does not have legal parental responsibility. Typically, the children were born in the “new” partner’s previous relationships, though many genuine fathers actually may not have legal parental responsibility. Careful consideration of Wills, Lasting Powers of Attorney and Parental Responsibility are essential.

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These are some of the interpersonal issues for step-parents blended families:

You or your partner could feel out of practice and have trouble adjusting to being married (or just living together) again.
It could take a step-parent a long time to build a solid bond with your children.
Each member of your newly formed stepfamily may have different ideas about household rules.
Your children could have a difficult time getting along with their new stepsiblings.
The energy it takes to successfully blend a family could take you away from your co-parenting responsibilities.
The step-parent has no straightforward legal position if things go wrong.

Some legal issues for Blended Families:

Who owns what if things don’t work out?
What happens if one partner dies without a specially drawn up Last Will & Testament may not be disastrous if you are married, but it will be disastrous if you are not – and if you are not fully and legally divorced, your not-quite ex-spouse will benefit. And your partner may need to take your children to Court simply to go on living in your home, never mind inherit anything.
Children are a minefield as you only have parental responsibility for your own, assuming your name is on the birth certificate. Some Dads do not have parental responsibility for their own children. Nevertheless, financial responsibility for children you have not adopted – but without decision-making control – may be an issue. Step-parents have a whole world of other issues to contend with.
Parental Consent: consent issues can arise concerning important decisions about schooling, medical treatment, or travel for stepchildren if both biological parents hold parental responsibility, and not the step-parent.
Adoption: In some cases, a step-parent may wish to adopt their stepchild, requiring legal procedures and meeting specific criteria set by adoption laws. Not a simple task!
If your partner is either dead or out of it temporarily or permanently, you have no legal control over their children. If the other birth parent had parental responsibility, chances are they will be in charge if there are any issues, and if not it will be social services. If death has intervened, a properly written Will can at least make your partner a legal guardian, though that does not trump parental rights.
Taxation and Financial Planning: Tax implications can be complex in blended families, particularly concerning inheritance tax, property, and financial assets.
Prenuptial Agreements: In case of remarriage, creating prenuptial agreements can be essential to protect assets and define financial responsibilities in case of separation or divorce.

If this hat fits, please do get in touch so we can put some sensible precautions in place.

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Who has parental responsibility

A mother automatically has parental responsibility for her child from birth.

A father usually has parental responsibility if he’s either:

married to the child’s mother
listed on the birth certificate (after 1st December 2003 in England.)
It may be possible for the father to re-register the birth to add his name and gain parental responsibility or:
Get a parental responsibility agreement with the mother.
Failing that it may be possible to obtain a parental responsibility order from the court.
If you jointly adopt a child, both have parental responsibility.
Both parents keep parental responsibility if they later divorce.

You can apply for parental responsibility if you do not automatically have it.