Re: Step children

Posted by: Suzanne Kingston, partner, Dawson's Solicitors
13/02/08 at 2:57 pm

In any application for a financial settlement on divorce (ancillary relief), the court’s main priority will be the welfare of any children. They will then look at the following factors, in no order of priority:

 

a) the income, earning capacity, property and other financial resources which each party has, or is likely to have in the foreseeable future, including an increase in earning capacity;

b) the financial needs, obligations and responsibilities which each party has, or is likely to have in the foreseeable future;

c) the standard of living enjoyed by the family before the breakdown of the marriage;

d) the ages of the parties and the length of the marriage;

e) any physical or mental disability of a party to the marriage;

f) the contributions that each party has made, or is likely to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

g) the conduct of the parties, if it would be inequitable to disregard such conduct; and

h) the value to each of the parties to the marriage will lose any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the benefit of acquiring.

 

The court will also look at any case law which is relevant to your situation.

 

Generally speaking, the longer the marriage, the more likely it is that the assets will be more equally divided. Given that yours is a short marriage, it is more likely, although by no means certain, that you will go back to roughly the position that you were in before you were married.

 

The fact that you need to look after your son, and the financial obligations this places on you, will be something that the court will take into account as one of the financial obligations that you have under (b) above, especially given that the court’s main priority is the welfare of any children. This fact is likely to have an impact on the level of capital and maintenance awards that the court may order your husband to pay to you.

In addition, if your son has been regarded by your husband as a child of the family, and your husband has made financial provision for him during your marriage, then your husband may have to pay child maintenance. The sums that you receive from your son's biological father would be taken into account here.

 

You should seek proper legal advice which is specific to your circumstances. A good place to look for someone suitable would be from the Resolution website www.resolution.org.uk  which is an organization of family lawyers.

 

There are also many people that you could speak to for counseling, if you think this would be useful, and your local citizens advice bureau, or Relate may be a good starting point.

Re: Step children

Posted by: ELIZABETH
16/02/08 at 1:36 am

PLEASE HELP - I DON'T KNOWHOW TO COMMUNICATE IN ANY OTHER WAY ON THIS SITE.

 

I WANT SOMEONE TO HELP ME - MY 19 YEAR MARRIAGE ENDED 3 YEARS AGO BUT IT HAS ONLY JUST COME TO AN END WITH THE FINANCIAL SIDE OF THINGS.

 

MY TWO SON S WERE TAKEN 300 MILES AWAY BY THEIR FATHER - ONE SON RETURNED  BUT  I FEEL A FAILURE AS A MOTHER - MY ELDEST SON WILL NOT HAVE ANYTHING TO DO WITH ME,,,HIS FATHER CALLS HIM "HIS SPECIAL FRIEND" AND THEY DO LIKE THE SAME THINGS - FISHING, SWIMMING ETC.... i AS A MOTHER CANNOT SEEM TO DO ANYTHING RIGHT BY MY SON - HE IS 15 NEARLY 16 - HIS FATHER TOOK HIM AWAY WHEN HE WAS 11.

 

IF i HAD HAD A DAUGHTER THIS WOULD NOT HAVE HAPPENED.  I AM  A FAILURE.