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Blended families and second divorces

Going through a divorce is an extremely difficult life event which can be harder and more complicated when families are blended after a second marriage.

Not only are you going through the breakdown of another relationship and the divorce process for the second time, but understanding your assets and the impact of divorce can be more complex, particularly if there are pre-existing financial and other obligations to your previous spouse, as well as the need to protect assets for children from prior relationships. Second marriages may also involve established businesses and complicated pension situations which require deeper financial analysis.

At Ward Hadaway, we understand that this may seem like a daunting time. Our divorce solicitors provide expert legal advice to private clients and their families.

Blended Families and Second Divorce

A blended family consists of a couple bringing children from previous relationships together into a new household. There may also be children they have had together in the family. A blended family is created through marriage or cohabitation following divorce or separation from a previous partner.

There are numerous challenges faced by blended families, like adjusting to new household rules and routines and learning to live with new people, and the risk of separation is higher for these families. Statistics suggest that blended families generally take anything from two to seven years to settle in, and the risk of separation is higher because they are inherently more complex than first-marriage families and face more pressure to work.

Achieving amicable divorce is the goal for many separating couples, not just those navigating their second divorce, but it can be challenging, especially without the help of expert divorce solicitors.

Common causes of divorce in blended families

  • Complex dynamics: not only can external influences from ex-partners cause conflict, but children’s resistance to new parenting styles and hostility towards a stepparent, plus emotional exhaustion and a lack of time for one another as a couple, can lead to divorce in blended families.
  • Child adjustment: children may find it difficult to shift to viewing a new stepparent in a discipline-focused and authoritative role. They may also experience divided loyalties between a biological parent and new stepparent, contributing to internal conflict within a blended family.
  • Financial pressures: from disagreements on financial priorities to ensuring previous partners are financially provided for, and dealing with previous divorce and mortgages, pressures surrounding money can strain relationships and cause conflict which may lead to divorce.
  • Misaligned expectations: both parents and children can have misaligned expectations when moving into a new, blended family, from expecting the family to connect instantly or failing to have both personal and shared space, resulting in divorce.

Upon the breakdown of a blended family, there is a real need for supporting children through a divorce as their routine changes once again. This can be especially difficult when navigating divorce with neurodiverse children, who thrive off routine.

Working with expert divorce solicitors can ensure a smooth transition for everyone in your blended family during this difficult time.

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The added complexities of second divorce

A second divorce is often more complex than the first time around. This is usually due to accumulated financial, familial and emotional baggage which can create more legal and personal issues than a first divorce.

Going through the divorce process for the first time is often shorter and the division of assets is usually more straightforward, whereas a second divorce usually involves the breakdown of blended families and supporting your current spouse, as well as managing any prior support obligations for your previous spouse.

Assets are more complicated the second time around, especially if you are supporting children, including providing for adult children in divorce.

Children

Children, especially from a previous relationship, can have a major impact on how assets are treated in a second divorce. This is because the court must balance both the needs of the current family and any pre-existing obligations.

Ultimately, children’s needs must take priority, so the court will consider the welfare of any minor children first, potentially allocating a larger share of assets to meet their needs if appropriate in the circumstances. Pre-existing financial responsibilities will also be considered to ensure that child maintenance, school fees or housing obligations over earlier orders are met.

Since children do not automatically inherit assets on divorce, it is importance that a valid will exists to ensure the correct beneficiaries receive what is intended for them. For example, if a person dies without a valid will after a second divorce, only biological or adopted children will inherit, with stepchildren excluded unless explicitly stated otherwise.

Finance

In a second divorce, new marital claims must be balanced against pre-existing obligations and assets.

Overall, the pot of financial assets may have already been reduced if certain assets were divided in the first divorce and there may are ongoing maintenance or other obligations to your previous spouse and children.

Matrimonial assets – which are usually shared – and non-matrimonial assets – which are more likely to be protected – are examined closely by the court to understand where assets came from, and pensions are also scrutinised so arguments for ring fencing which can ensure only pensions accrued during the second marriage are shared.

A prenuptial agreement and postnuptial agreement are especially influential in second marriages, and they carry significant weight if they are fair and were properly entered into.

Ultimately, obtaining legal advice from expert divorce solicitors can ensure your assets are handled correctly and so you can understand the impact of divorce on things like pensions and divorce or hidden assets.

The importance of wealth and succession planning

Wealth and succession planning from wills, trusts and estate planning solicitors is an important aspect for everyone, and it should be considered as soon as possible to ensure a stress-free future for yourself and your family.

This type of future planning is especially important for blended families. Not only does succession planning protect your spouse and children from a previous relationship as well as your current one, but you can reduce the risk of disputes and litigation, manage unequal wealth and contributions, and ensure tax efficiency across generations.

Our wealth protection to ensure your previous spouse and children from a previous relationship, as well as your current spouse and any children from this relationship, are protected as you wish. One way that you can protect your wealth is by entering into a Prenup or Postnup.

How Ward Hadaway’s divorce solicitors can help

Rebuilding your life post-divorce, especially for the second time in your life, may seem extremely challenging. However, by understanding how your friends and family can help, as well as receiving expert legal advice and support from specialist divorce solicitors, you can handle emotional burnout during a divorce whilst knowing that your best interests are prioritised, and your rights are protected.

At Ward Hadaway, we know that the breakdown of a blended family can be extremely difficult. Our divorce solicitors are here to help private individuals and their families during this complicated time and will ensure your situation is treated with compassion and care.

Contact us to organise an appointment with one of our divorce solicitors.

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    Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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