While the statistics for the number of marriages that end in divorce remain high, the
statistics for divorce with second marriages is even higher.A second or third marriage can be very difficult, in particular where there are stepchildren.
Stepparents and even their extended family members can also apply for ongoing visitation rights to children. If the child also has a regular visitation schedule with their biological parent and family, this can make a child’s schedule very busy.
Spouses who are facing their second separation may also be frustrated that the Family Property Act requires them to divide their assets yet again. Generally, it will only be the assets and debt acquired during the period of time they were with their second spouse which must be shared. This creates an additional step, in that the value of the spouse’s assets and debts must be determined by looking back to the date they began their second relationship. Although the Family Property Act aims for an equal division to be fair to both parties, sometimes inequalities do result.
The already-difficult area of spousal support becomes extremely complex when looking at a second marriage or common-law relationship. For example, when a person who is receiving spousal support from his or her first spouse remarries, spousal support may not necessarily stop. If it does, what happens when there is a second separation? Would both ex-spouses be required to pay support? Unfortunately, there are no clear rules to deal with these situations. The Judges must review the circumstances on a case-by-case basis. This means that it is impossible to predict what might happen in any one particular situation.
If a spouse in a second relationship dies without leaving a will, there can also be complex estate issues if they have children from a first marriage, if their divorce or earlier common-law separation is not final or if there are dependents.
One positive factor for people going through a divorce or separation for the second time is that they are more knowledgeable. For that reason, they are sometimes more prepared for a second separation. They have a signed domestic contract, such as a Pre-Nuptial or a Cohabitation Agreement. They have structured their affairs to keep things separated and well documented in the event of a separation. They have made themselves knowledgeable about their own financial affairs and that of their spouse.
Simply being prepared for a second separation or divorce does not however make it any easier.
And when a second marriage breaks down, the legal issues can often be complicated.
Separating from your spouse does not necessarily mean that you have separated from your stepchildren. The law permits Judges to require stepparents to pay child support. Stepparents can be ordered to pay child support and contribute to the child’s expenses even if the biological parent is also paying child support. Courts are not trying to punish stepparents but rather are focusing on the best interests of the child, the theory being the child will benefit if his or her lifestyle can be improved.Stepparents and even their extended family members can also apply for ongoing visitation rights to children. If the child also has a regular visitation schedule with their biological parent and family, this can make a child’s schedule very busy.
Spouses who are facing their second separation may also be frustrated that the Family Property Act requires them to divide their assets yet again. Generally, it will only be the assets and debt acquired during the period of time they were with their second spouse which must be shared. This creates an additional step, in that the value of the spouse’s assets and debts must be determined by looking back to the date they began their second relationship. Although the Family Property Act aims for an equal division to be fair to both parties, sometimes inequalities do result.
The already-difficult area of spousal support becomes extremely complex when looking at a second marriage or common-law relationship. For example, when a person who is receiving spousal support from his or her first spouse remarries, spousal support may not necessarily stop. If it does, what happens when there is a second separation? Would both ex-spouses be required to pay support? Unfortunately, there are no clear rules to deal with these situations. The Judges must review the circumstances on a case-by-case basis. This means that it is impossible to predict what might happen in any one particular situation.
If a spouse in a second relationship dies without leaving a will, there can also be complex estate issues if they have children from a first marriage, if their divorce or earlier common-law separation is not final or if there are dependents.
One positive factor for people going through a divorce or separation for the second time is that they are more knowledgeable. For that reason, they are sometimes more prepared for a second separation. They have a signed domestic contract, such as a Pre-Nuptial or a Cohabitation Agreement. They have structured their affairs to keep things separated and well documented in the event of a separation. They have made themselves knowledgeable about their own financial affairs and that of their spouse.
Simply being prepared for a second separation or divorce does not however make it any easier.
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