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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to ask if anyone has experience of divorce with stepchildren involved?

3 replies

spkingof · 19/05/2024 20:42

Specifically non resident step children.

Me and H separating, yet to instruct a solicitor but will be doing so shortly.

I have joint DC with H and he also has older DC with his ex partner who stay with H two nights a week, the rest with their mother.

It has been agreed that our DC will live majority with me. I am their main caregiver and always have been (do practically everything for them and don't envisage this changing at all once we fully split - another thread and partly the reason we are here!).

I'm wondering if there is anyone else here who has divorced with non resident stepchildren involved and whether they factored into your financial settlement?

It concerns me that H's solicitors may argue that he needs more equity than I do because he needs to house more children than me, despite the fact SC have a main home already with their mum and whatever I am left with from the divorce will be used to house our children the majority of the time.

I have read that stepchildren can be classed as children of the family, but only in certain cases.

Anyone who's been in this situation, did it affect what you received?

I am only asking for those who have experienced this with non resident stepchildren as I imagine it makes a difference that they are not living 100% with H.

OP posts:
spkingof · 19/05/2024 20:48

What I read online suggests the following is taken into account when deciding if SC are classed as a child of the family, none of which really apply in our case.

-Who the child lives with;
-The time the child spends with the person e.g. emergency or temporary care as opposed to long term care;
-The financial assistance the person gives to the child e.g. school fees, day-to-day expenses, holidays etc.;
-Whether the person has been making important life decisions for the child;
-Whether the biological parent(s) have abdicated primary responsibility;
-If the person treats the child differently to biological or adoptive children;
-How the child treats the person, e.g. calls them ‘mum’ or ‘dad’;

OP posts:
spkingof · 20/05/2024 23:26

Bump

OP posts:
Willyoujustbequiet · 20/05/2024 23:54

In my friend's divorce they were classed as children of the family and it was factored in to the settlement.

From memory they were married 4 years, but together about 8. They stayed a couple of nights a week I think. It definitely wasn't 50/50 though.

Sorry I can't remember much more than that as it was all going on around lockdown.

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