Melanie Pilmer

Blended families

Divorce and Blended Families (What you do for love)

Published on
Melanie Pilmer
Solicitor
Greene & Greene Solicitors

Alicia Keys’ 2016 song Blended Family (What you do for love) includes the line “It may not be easy this blended family…but that’s what you do for love”.

Blended families are increasingly common. With approximately 42% of marriages ending in divorce there are now many families that feature step-parents.

Statistics suggest that 1 in 2 divorced parents go on to re-marry or re-partner. They may then have further children with that partner.

Modern families may be evolving, but the law is not always as responsive.

One of the key considerations for family lawyers when dealing with children issues is whether a person has parental responsibility for a child. It is important to remember that not all parents have parental responsibility and it is also possible for step-parents or other family members or, in some cases friends, to acquire it.

What is parental responsibility and why is it important?

The Children Act 1989 describes parental responsibility as all rights, duties, powers and responsibilities and authority that a parent has in relation to a child and that child’s property.

Essentially parental responsibility gives the holder the right to a say in major decisions in a child’s life such as consenting to medical treatment on their behalf and making decisions about schooling.

Parental responsibility can be acquired in a number of ways:

  • A child’s biological mother will always have parental responsibility
  • A child’s biological father will obtain parental responsibility if he is:
    • Married to the mother at the time of the child’s birth or they later marry;
    • They enter into a parental responsibility agreement or the court makes a parental responsibility order or a child arrangements order providing for the child to live with the father;
    • The father is registered on the child’s birth certificate as being the child’s father (for all births registered on or after 1st December 2003)
  • Another family member or friend can obtain parental responsibility by:
    • The court making a child arrangements order in their favour that the child live with them;
    • By being appointed as guardian for the child in a biological parent’s Will (provided there is no other surviving person with parental responsibility)
  • A step parent can obtain parental responsibility by:
    • Entering into a step-parent parental responsibility agreement with all parents that hold parental responsibility;
    • In the ways outlined above for other family members and friends.

In many blended families step-parents may look after step-children day to day perhaps alongside their biological children of the relationship.

They may well consider and treat their step-children no differently from their biological children, but from a legal perspective there are important differences.

Unless a step-parent has acquired parental responsibility they will not have the right to have a say in major decisions such as medical treatment and schooling.

Doctors and schools may be unable to share information with a step-parent. This can also lead to significant issues if a step-parent wishes to travel abroad with their step-child without a biological parent being present.

In some families one of the biological parents may not have played an active role in their child’s life for a number of years.

The situation can be complicated and it is important to take specialist advice to understand your own situation.

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About Melanie Pilmer

At Greene and Greene, Melanie Pilmer, solicitor in our family department can provide you with specialist advice when you make your Will with us or at any stage can talk through the various options available to you if this is an area that is causing you concerning.

Please contact Melanie on 01284 717418 or melaniepilmer@greene-greene.com.

For more information on the services offered by Greene & Greene Solicitors please visit greene-greene.com and follow on Twitter @GreeneGreeneLaw.

Our blogs can be found at: blog.greene-greene.com/

Photo by Thiago Cerqueira on Unsplash

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Partnership of equals.

Marriage: A Partnership of Equals?

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Melanie Pilmer
Solicitor
Greene & Greene Solicitors

In 2006 the House of Lords introduced the equal sharing principle in the joint appeal of Miller -v- Miller; MacFarlane -v- MacFarlane. The Court described marriage as being a “partnership of equals”.

The consequence of this has been that the sharing principle has been applied by the Court to the division of matrimonial assets in a divorce.

Earlier this year, the Court of Appeal in the case of Work -v- Gray, referred to the sharing principle being “firmly embedded” and that the “ordinary consequence of its application will be the equal division of matrimonial property”.

However, in the recent case of Sharp -v- Sharp the Court of Appeal have decided that perhaps this is taking the sharing principle too far.

Mr and Mrs Sharp were in their early 40s and had no children. Their relationship, including 18 months of living together before the marriage, lasted 6 years.

Mrs Sharp sought to argue that the sharing principle should be relaxed so as not to provide for equal sharing of matrimonial assets because she and Mr Sharp had a short childless dual career marriage and because of the way in which they had organised their financial affairs.

Mr and Mrs Sharp had throughout their relationship and marriage divided restaurant bills equally between them. They had shared household utility bills. Mr Sharp had not been aware of details of bonuses received by Mrs Sharp and Mrs Sharp had gifted him three cars.

The Court of Appeal agreed with Mrs Sharp that this situation fell within the very small amount of cases where it was appropriate for the equal sharing principle not to apply to matrimonial assets.

This may seem surprising because whilst the Court has always had the ability to exclude or depart from equal sharing of non-matrimonial assets, such as those owned by one party before the marriage or received by inheritance or gift, the general approach has been that matrimonial assets would be shared and where there was sufficient to meet each parties needs those matrimonial assets would be shared equally.

It appears that the outcome of this case is that Court will in the future look more closely at how couples have organised their financial affairs in short to medium term marriages.

In a limited number of cases therefore the way in which couples organised their finances may influence the outcome of financial aspects of their divorce.

To misquote George Orwell this may lead to an assumption that all marriages are equal, but some marriages are more equal than others.

For further advice following a relationship breakdown please contact Melanie Pilmer, solicitor in the Family Team at Greene & Greene on 01284 717 418 or melaniepilmer@greene-greene.com 

ABOUT MELANIE

Melanie, a solicitor with Greene & Greene Solicitors, advises in relation to a full range of family matters including divorce and associated financial matters, cohabitation disputes, children matters and Pre-Nuptial Agreements.

She is a collaboratively trained lawyer and member of Resolution – First for Family Law. She has significant experience in relation to resolving complex financial disputes often involving business assets and a considerable amount of my practice consists of negotiating and preparing Nuptial Agreements.

Melaniepilmer@greene-greene.com

Linkedin.com – Melanie Pilmer

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ten tips separation

What are the Top Ten Tips on Separation?

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Melanie Pilmer
Solicitor
Greene & Greene Solicitors

Melanie Pilmer Family Solicitor at Greene & Greene suggests 10 important issues to consider at the early stages of separation:-

1. Bank Accounts

You need to consider if any joint accounts are to be closed or whether overdraft facilities on those accounts need to be restricted. If the joint account is still in use it would be sensible to agree what payments will go in and out from it.

2. Credit Cards

Consider whether there are any second cards that need to be cancelled, if a shared credit card is still going to be used agree what items of expenditure can be put on it and who will pay the debt.

3. Living Arrangements

Will you both still live in the house together? Sometimes this will be a necessity. Consider any practical steps you can take to make this easier for you both. Alternatively if one person will leave then who will that be and where will they go. Consider how you will fund two households.

4. Interim Payments

Consider the arrangements for Child Support and whether those can be agreed or if a Child Maintenance Service assessment will need to be made. If there are no children or if Child Support payments are insufficient to cover one party’s financial needs then consider any additional support that may be needed by way of Interim Spousal Maintenance.

5. Contact

What will the initial arrangements be for the care of the children? When and where will they see each of you?

6. Parenting Plan

Consider how you will make joint decisions in relation to the children in the future. You might want to draw up a parenting plan. You can find one at www.splittingup-putkidsfirst.org.uk.  This is a written or online agreement which helps you to record how you will share the care of your children now and in the future. It can be as detailed as you like and can also include issues such as how and when the children would be introduced to any new partners.

7. Considering Other Help You May Need

Consider a marriage counsellor if you feel that would help in trying to get a relationship back on track. If the relationship is at an end then a family therapist or family consultant or counsellor could help you work through issues surrounding the separation and communication.

8. Tax Issues

If you own more than one property or one of you moves out and lives elsewhere then it is essential that you take early advice as otherwise there may be adverse tax consequences arising.

9. Financial Advice

You may need to take early advice from a financial advisor or accountant in relation to managing budgets for two households. You may need advice from an accountant in relation to capital gains tax arising in respect of properties or company assets. You may need financial advice from an independent financial advisor in relation to pensions.

10. Wills

It is important to consider making or updating any Will you have after a separation. You may also want to consider death in service benefits under any pension provision.

ABOUT MELANIE

Melanie, a solicitor with Greene & Greene Solicitors, advises in relation to a full range of family matters including divorce and associated financial matters, cohabitation disputes, children matters and Pre-Nuptial Agreements.

She is a collaboratively trained lawyer and member of Resolution – First for Family Law. She has significant experience in relation to resolving complex financial disputes often involving business assets and a considerable amount of my practice consists of negotiating and preparing Nuptial Agreements.

Melaniepilmer@greene-greene.com

Linkedin.com – Melanie Pilmer

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Divorce and the Farming Family

Divorce and the Farming Family

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Melanie Pilmer Solicitor Greene & Greene Solicitors
Melanie Pilmer
Solicitor
Greene & Greene Solicitors

The damaging effects of divorce are often felt more acutely in cases involving farming families: especially so where the farm has been held within one family for generations.

Often farming businesses will involve Partnership or Corporate Structures, land may be co-owned with extended family, land ownership may be within or outside of business structures and various land or property assets may also be held in Trust. These can all complicate matters.

Typical questions that arise are:

  • How can the assets be divided fairly where a farm has been passed dynastically to one spouse through the generations?
  • What weight will the court apply to the financial and non-financial contributions of the non-owning spouse?
  • Will the court force a sale or transfer of land and property?

The court’s approach can be unlike other cases and present unique challenges.

The court is tasked with arriving at a fair outcome and must meet the parties’ (and any dependent children’s) reasonable needs. In doing so the court will consider whether the farming family intended that the farm should be passed down through the generations.

The court will have to consider whether the farming family can and should retain the farm (in so as far as that is possible) even if that means an overall unequal division of assets. Numerous other factors including the standard of living enjoyed by the parties during the marriage can also be taken into account.

Funding a settlement may require finance to be raised against the retained farm. Land may need to be sold in order to retain the majority of the farm to pass on to future generations.

Many farming businesses experience cash flow and liquidity issues which can make it difficult (or impossible) for income generated from the farm to satisfactorily meet the needs of two separate households following separation.

Divorces involving family farms are often complex and it is important that if you find yourself in this position you seek the assistance of a lawyer experienced in this area.

About Melanie

Melanie, a solicitor with Greene & Greene Solicitors, advises in relation to a full range of family matters including divorce and associated financial matters, cohabitation disputes, children matters and Pre-Nuptial Agreements.

She is a collaboratively trained lawyer and member of Resolution – First for Family Law. She has significant experience in relation to resolving complex financial disputes often involving business assets and a considerable amount of my practice consists of negotiating and preparing Nuptial Agreements.

Melaniepilmer@greene-greene.com

Linkedin.com – Melanie Pilmer

(Editorial first published in Rural Review, September 2016)

 

 

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The Year of the Prenup
/

2016: The Year of the Prenup

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melanie pilmer - greene-greene
Melanie Collaboratively Trained Lawyer Greene & Greene Solicitor

In my role as a family lawyer, I am often asked by clients about prenuptial agreements. The idea of a nuptial agreement regularly provokes a range of emotive responses.

Those who are not open to the idea start by questioning whether they are legally binding and often suggest discomfort about an agreement that contemplates the marriage failing.

On the other hand, there are those who are more comfortable with the concept, asking about what types of people enter into such agreements and what is involved in terms of time and cost.

I help by explaining the following:

1. If the agreement is fair, if certain conditions are met and if you sign a nuptial agreement, then you should expect the court to hold you to it;

2. A fair agreement arrived at with the benefit of sound legal advice can provide peace of mind and guard against expensive and unpredictable proceedings. However it is always the intention that the agreement will not be needed and the marriage will succeed. The agreement should be put in place in much the same way as an insurance policy is taken out to cover unforeseen circumstances;

3. Anyone with inherited wealth, pre-acquired assets or an established asset base should consider a nuptial agreement. The cost of preparing an agreement is minimal compared to the costs of proceedings; and

4. A nuptial agreement can be entered into before the marriage (prenuptial) and even after the marriage (postnuptial).

During both 2015 and continuing into 2016 I have seen a marked increase in couples seeking nuptial agreements and I was delighted when my recent work in this area was publicly commended by a leading London Family QC.

The ‘wedding season’ is almost upon us, with research suggesting the average wedding now costs in excess of £20,000.

A recent survey of 1,000 men and women in the UK by OnePoll, the market research agency, found that 10% regretted not signing a prenuptial agreement. Notwithstanding their increase in popularity, due to the benefits and enforceability of these agreements becoming better understood, I suspect that this percentage will increase until the preconception that they are for the rich and famous disappears.

About the Author

Melanie Pilmer advises in relation to a full range of family matters including divorce and associated financial matters, cohabitation disputes, children matters and Pre-Nuptial Agreements.

She is a collaboratively trained lawyer and member of Resolution – First for Family Law.

She has significant experience in relation to resolving complex financial disputes often involving business assets and a considerable amount of my practice consists of negotiating and preparing Nuptial Agreements.

www.greene-greene.com

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