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AIBU?

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step children and 'children of the family' legal question

9 replies

yadadadada · 20/10/2022 15:25

Hello posted in divorce already but had no reply yet so just posting for traffic please.

Just after some factual info/ rather than opinions on what people consider moral etc.

John and Sarah are married (4 years married, 4 years cohabiting before that) John has 2 children in their early teens from a previous relationship and he and Sarah have one 2 year old together.

Sarah does 99% of the raising of their 2 year old and works part time. John works full time in a very busy work environment. He earns around £30k more than Sarah.

House jointly owned (Sarah paid the deposit out of inheritance) and both contribute equally to the bills and mortgage.

Would John be entitled to more of the assets than Sarah simply because he has more children to provide for than she does? Would step children count as 'children of the family' even if:

  • they live with their mother most of the time staying with John and Sarah a couple of nights a week. Mum is resident parent and owns her own home.
  • They do not call Sarah mum.
  • Sarah does not contribute toward them financially, doesn't buy clothes, doesn't pay toward maintenance, school uniform etc.. other than sharing the bills with John like council tax, elec, gas etc..
  • Sarahs relationship with step children is very different to her relationship with her biological 2 year old.
  • Sarah makes no parental decisions regarding her step children and rarely cares for them alone.

This seems to suggest step children in this case wouldn't be considered children of Sarah's family when determining financial split but just wondered what other people may know/have experienced.

Likelihood is their 2 year old will be living with Sarah and seeing John similar amounts to his older children.

www.2drj.com/post/in-the-era-of-blended-families-what-constitutes-a-child-of-the-family-divorce-and-inheritance#:~:text='Child%20of%20the%20family'%20is,a%20child%20of%20their%20family

OP posts:
yadadadada · 20/10/2022 15:26

Oh and legal advice will of course be sought too, just asking here in case anyone has any idea.

OP posts:
Scottishskifun · 20/10/2022 15:27

No John would be entitled to 50% as the house is between him and Sarah.

Newusernameaug · 20/10/2022 15:28

As the non resident parent of his two older children, John wouldn’t be entitled to anything extra as far as I’m aware (but no legal knowledge or training in this)

yadadadada · 20/10/2022 15:28

Scottishskifun · 20/10/2022 15:27

No John would be entitled to 50% as the house is between him and Sarah.

This is my thinking, was concerned it might be seen as John having a bigger need than Sarah due to having 3 children compared to her 1.

OP posts:
SudocremOnEverything · 20/10/2022 15:32

Stupid English law will insist they are children of the family. Yes.

You end up in weird situations where the second wife ends up compensating the man for having given a disproportionate share of the assets to his first wife in that divorce (because of the children who live with her). His ‘need’ to a share of the assets to house those children was apparently not an issue when his ex got all the equity from
that marital home but, suddenly, it is top priority in allocating asset from his second marriage. Even where the wife brought those assets into the marriage (because it is considered a ‘family home’ to these ‘children of the family’).

Stupid. I hope Sarah has very good legal advice.

yadadadada · 20/10/2022 15:33

I e. He needs the funds to buy a house that can house 3 children compared to Sarah only needing to house 1 child. However surely that's not Sarah's responsibility? (John's argument anyway!).

This isnt actually me btw, it's my sister and she's given me permission to post.

OP posts:
SudocremOnEverything · 20/10/2022 15:34

yadadadada · 20/10/2022 15:28

This is my thinking, was concerned it might be seen as John having a bigger need than Sarah due to having 3 children compared to her 1.

According to my solicitor, a man can argue for a financial settlement based on his greater needs to house the ‘children of the family’.

But there are several factors at work. His greater income. His lack of responsibility for any of the children.

So proper legal advice is definitely required here.

yadadadada · 20/10/2022 15:36

Hmm, things I've read seem to suggest you have to prove that the step parent has treated said children as 'children of the family' though and that doesn't just mean being kind but actually acting as a parent.

It's confusing as there is no exhaustive list/definition annoyingly.

OP posts:
SudocremOnEverything · 20/10/2022 21:54

yadadadada · 20/10/2022 15:36

Hmm, things I've read seem to suggest you have to prove that the step parent has treated said children as 'children of the family' though and that doesn't just mean being kind but actually acting as a parent.

It's confusing as there is no exhaustive list/definition annoyingly.

lindsayjonesdivorcelawyer.co.uk/2016/04/13/step-children-and-divorce/

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