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AIBU?

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Marriage law is outdated given the increase in second/third marriages

109 replies

Itsmyaccount · 28/07/2025 15:12

I'm really interested to get people's thoughts on this as a friend has recently been through a very difficult situation with her dad and his decision over his will and it's got me thinking.

Her dad remarried when he was in his early sixties after having been married to her mum for 3 decades. Work wise he's a very successful man and as with any high flyer quite a lot of sacrifice had to be made by her mum and by extension my friend to facilitate him being able to build that career. Things like moving abroad when work dictated, limits on the amount of time he was around when she was growing up when the hard graft had to go in, all for the long term intention that the hard sacrifice would pay off in the end for the family. Sadly the pressures from it contributed to the eventual divorce.

That then leads me onto the current situation. As said above he went onto re-marry shortly after the divorce. Her step-mum has kids of her own but all kids on either side were young adults when they married. They were in very different situations financially and at the time he had made sure my friend knew that his will would be such that his wife would be looked after if he pre-deceased her but that the lions share would be protected for her (his daughter).

Her dad has continued on with his financial success, a few years ago even came into a large sum of money when he sold a company he started when my friend was younger. That triggered him to re-visit his will and he has since decided that his current wife is entitled to 50% of everything due to the length of marriage (of which the law agrees), he briefly had it that his wife would inherit everything trusting that she would divide it equally between her kids and my friend when she then passed (assuming he predeceases her as he's older). This has caused a great deal of upset. My friend isn't close with her step-family and is finding the idea very hard that they are effectively profiting off of something they've not themselves made a sacrifice for as by the time they married kids were already grown up and the hard foundational work requiring the big sacrifice had long since passed.

This brings me onto the thread title. I've tried to put myself in her shoes and honestly I think I'd feel exactly the same way even though the sums in my case would be much smaller.
It feels to me that the laws on marriage and inheritance were written at a time when second, third (fourth even!) marriages were so uncommon it didn't need to account for how you can legally protect assets for your children (or whoever) without having to do a serious amount of mental gymnastics to achieve it. I do actually know of another friend whose dad thinks it's so important to protect his finances for his kids he refuses to even live with his long term partner, let alone marry her. That to me seems sad that actually should he want to marry her (which who knows maybe he doesn't want to), he is choosing to not as the complication it would cause for him and his kids inheritance is so great.

YABU - yes the law is fine as it is
YANBU - things have changed a lot and law needs modernising to better protect everyone given blended families are on the rise, not just your spouse

OP posts:
Venalopolos · 28/07/2025 15:30

SitOnHisFaceIfHeDiesHeDies · 28/07/2025 15:23

I do actually know of another friend whose dad thinks it's so important to protect his finances for his kids he refuses to even live with his long term partner, let alone marry her.

Smart man. Your friend has been massively fucked over by her Dad. All for a bunch of step kids he's not even related to. I'd be livid.

She’s been no more fucked over than someone whose dad died with no money. It’s his money, he can choose what he wants to do with it.

ShesTheAlbatross · 28/07/2025 15:29

I’m not sure exactly what you’d want the law to do? “Protect everyone” in what way? You can already leave you money to your children, or your spouse - are you saying you want a law that you can’t disinherit children? It feels like maybe that’s not what you mean because you’re talking about a friend’s father who doesn’t want to get married in order to protect his children, so you’re not just talking about people cutting their children off.

Personally I don’t think it needs to change, but I think people need to make sure they understand the legal and financial implications of the contract they’re signing when they get married. And the implications of not marrying as well - I know someone who thinks that because she’s been with her partner 20 years, if they break up she’s entitled to half his house and pension because she thinks they’re “common law married”.

Venalopolos · 28/07/2025 15:28

He probably could write his wife out of his Will though? Or at least leave everything to her on trust so most of his wealth is protected for his kids. There are mechanisms to allow this.

Divorce law and inheritance law are very different.

What do you propose would be a better legal solution than the one we already have?

I’d also observe there’s no requirement to marry again after divorce. If you’re unhappy with marriage laws then don’t get married - that’s the beauty of our legal system, you can choose whether you want to opt in to marriage laws or not.

SitOnHisFaceIfHeDiesHeDies · 28/07/2025 15:23

I do actually know of another friend whose dad thinks it's so important to protect his finances for his kids he refuses to even live with his long term partner, let alone marry her.

Smart man. Your friend has been massively fucked over by her Dad. All for a bunch of step kids he's not even related to. I'd be livid.

SaladAndChipsForTea · 28/07/2025 15:21

I'd feel the same but marriage isn't the problem, the problem is that he has actively made that decision. Its not like he died and has created an accidental fallout.

Her mum got what she was legally entitled to at that time.

Dad is giving new wife what he thinks she should be legally entitled to after supporting him from what was essentially the reset point of the divorce.

He isn't married to daughter or owes her a legal claim. So marriage isn't the problem. Dad thinking his wife is equal to his daughter is the problem

PrincessofHyrule · 28/07/2025 15:21

Are you thinking of something like the Scottish law where you cant disinherit children? Not sure this is needed. When you have a complicated relationship situation you need to think about how you want to recognise your relationships, make a will and keep it up to date as circumstances change.

WitchesofPainswick · 28/07/2025 15:21

My siblings and I been 'disinherited' by my father (he's not dead yet, but has shared his will) - weirdly we get on really well with him, but his position is that it will all go to his wife/stepmother and then her children.

It's his money and his decision and he's making it with his eyes wide open. No one is entitled to their dead parent's money - their parent can make the decision about who this goes to.

I've also got the same arrangement with my not-first husband. Everything will go to him and he can pass onto my children and his children IF HE WISHES but there isn't much anyway, and he needs a roof over his head. I've made this clear to my DC.

MrsTerryPratchett · 28/07/2025 15:18

Other countries (including in the UK - Scotland) do have it so you can't disinherit children completely.

Ponderingwindow · 28/07/2025 15:16

People need to be smart and not remarry. Marriage is ultimately about getting your economic contract recognized by the government. You can’t happily be in a later life relationship without being married or muddying finances. Women don’t need protection in the same way they do when marriage involves pregnancy and child rearing so forming an economic contract isn’t critical.