Blended families (where one parent is a step-parent) 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 other rules conspire to make life way more difficult when things go wrong, especially if no serious legal planning has been done.
These are some of the interpersonal issues for 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 time to build a solid bond with your stepchildren.
- 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.
- Parental Consent: Consent issues can arise concerning important decisions about schooling, medical treatment, or travel for stepchildren if both biological parents hold parental responsibility.
- 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.
See also Blended Families Problems with Mirror Wills Legal Planning Checklist Lasting Powers of Attorney Trusts
