Blended Families

It had been a few years since his separation from Sally, but life was looking up for Luke. He got on well with Sally’s new partner, Emilio, and he had a great girlfriend of his own, Yassica.

Luke was co-parenting his daughter with Sally. Yassica also had a young daughter, Mildred, who Luke adored.

Mildred was the result of a happy accident between Yassica and Roy, a young dishwasher who used to work with Yassica at a local restaurant. Yassica welcomed the arrival of Mildred, but Roy had always maintained that fatherhood wasn’t for him.

Luke was aware of Mildred’s parentage, and a few years after being welcomed into Yassica’s home, he decided to talk to her about what the future holds.

“Yassica, listen”, Luke started. “I don’t really want to get married again. I feel like it’s an unnecessary expense, and I don’t need it to justify my love for you”.

“I understand completely” Yassica said. “We have better things to do with our money”.

“That being said, I have a deep affection for you and for Mildred, and I’ve come to think of myself as a father figure for her”

“I agree” Yassica said. “I think she thinks of you in the same way. Are you saying what I think you’re saying?”

“I think so” Luke said. “I think I would like to adopt Mildred”

Luke and Yassica booked an appointment to see a lawyer at Edmonds Judd, who explained the adoption process to them.

“First, we’ll need Roy to consent to the adoption. He would be giving up some pretty important rights. However, if Roy doesn’t want to consent, or if we just can’t get him to sign the consent forms for whatever reason, then we may be able to dispense with his consent, but hopefully it doesn’t come to that because dispensing with consent can be difficult” the lawyer explained.

“Following this, we would need to apply to the Court for an interim adoption order and then a final adoption order. This would give Luke all the rights of parenthood and, as far as the law is concerned, it would be as if Mildred was his own natural daughter.

Roy happily agreed to provide his consent, as he didn’t want to get in the way of Luke and Mildred’s happiness. The Court agreed that an adoption would promote the best interests of Mildred, and that Luke was a fit and proper person to adopt.

Once the interim adoption order was made, Luke and Mildred received a few visits from a social worker, who reported to the Court that all was going well, and after a final adoption order was made by the Court.

Luke, Yassica, and Mildred were delighted, and decided to have a party to celebrate the adoption with friends and family. But the thing with parties, is that not all attendees are always happy to be there…

 

Jamie Graham


It had been eight long months since Sally separated from Luke, and things were looking up. She and Luke had amicably split, agreed on the division of relationship property, and settled child support issues. These were a weight off her shoulders, but single life had its challenges.

 

She noticed that she did not see the benefit of bulk grocery purchases or split utilities bills. Sure, child support helped, but things were still tough. She had heard of the “singles tax” but seeing it in action was another thing altogether.

At the recommendation of her colleague, Lucinda, Sally decided to get back into the dating scene. Luke fully supported her in this and even agreed to take the kids during his week so that she could meet with the rather dashing Emilio.

Emilio had a similar background. He was freshly divorced and had four children who split their time between their mother in Spain, and with Emilio in New Zealand.

 

The relationship was going well. So well in fact that Sally decided to approach Emilio about moving in together.

 

“Mi amor”, Emilio began. “I love the idea of moving in with you. I agree that we are ready for that step. However, I want to broach an issue with you. A rather uncomfortable issue”.

 

“What is it, Emilio?” Sally asked.

 

“You see, I have four children of my own. My Estate is more modest since the divorce, but I still have considerable assets. I want to protect my children’s future, and in order to do that, I must protect my assets from any potential claims made by you or your children” Emilio explained.

“Oh, I see” Sally said. “I don’t think that’s a bad idea. I too want to protect what I have. I wouldn’t want to split our collective property five ways between my one child and your four children – that doesn’t seem fair”.

 

The couple agreed that they would go and talk to a lawyer about their estate planning.

 

Their respective lawyers explained that with blended families, there could be overlapping claims under the Family Protection Act. If Emilio and Sally each continued into a de facto relationship, then the presumption of equal sharing would likely apply. At the same time, Emilio and Sally each had a moral responsibility to provide for their children.

 

Emilio and Sally decided to enter into a contracting out agreement, to protect their respective assets. They then agreed to sign their own Wills, which reflected the provision in the contracting out agreement that neither of them would make a claim against the other’s estate.

 

Emilio and Sally could relax into their life together, knowing that they had a succession plan that was tailored to their individual needs, so that they didn’t have to worry about any headaches down the road.

 

Jamie Graham