Law Times

PAGE 14 FOCUS June 21, 2010 • Law Times What happens when subsequent marriages end? P BY ROBERT TODD Law Times ractice is getting more complicated for lawyers in the family law bar with increased rates of divorce and remarriage combining to muddy the waters when sub- sequent relationships break down, experts say. John-Paul Boyd, a lawyer at Vancouver's Aaron Gordon Daykin Nordlinger, says issues have started to pop up for peo- ple who have remarried later in life, some of them multiple times. Many of these compli- cations challenge the approach family law lawyers have tradi- tionally taken to cases. Many lawyers, says Boyd, are struggling to find the right way to approach issues that come up when a second or third marriage breaks down in light of obligations stemming from previous relationships. Arrangements from that earlier marriage have, for example, long ago dealt with the division of property, spousal support, and child support. One of the main issues that continue to crop up relates to the financial interests of chil- dren from earlier marriages. By the time a subsequent marriage has broken down, children have moved from being a de- pendant to parties keenly inter- ested in their parents' estates, says Boyd. Conflicts often arise on this point between the chil- dren and the new spouse, who may also have estate interests. He says it becomes unclear how to divide property be- tween the parent and the new spouse in light of the children's legitimate claims to the estate. "You have a different clus- ter of interests to take into ac- count when figuring out the optimal way of resolving the financial issues from a dissolv- ing long-term second or third marriage," he says. Such situations can throw off family law practitioners, whom Boyd says have a tendency to focus solely on the relationship Trust [ at hand when managing di- vorce proceedings. That may be because the law simply doesn't contemplate the new social re- ality of multiple marriages. "It's set up for this idea that Bob and Sally get married at 20, divorce at age 60, and that's all she wrote," Boyd notes, adding the gen- eral family law principle of "first families first" will certainly come into play. "When one is calculat- ing child support in connection with a subsequent relationship, the child from the first relation- ship gets the full meal ticket, and if anybody suffers, it's perhaps the child from the second rela- tionship or the spouse from the second relationship." But multiple marriages cre- ate more than legal compli- cations, says Jan Goddard, a lawyer who deals with guard- ianship, power of attorney, and elder law. "When I've been involved on the capacity side of things in dealing with conflicts between children of a first marriage and a second spouse, these have been among the most bitter and contested disputes," she says. "People get really en- trenched on these issues." Goddard posits that such matters prove particularly divi- sive because grown children are often unable to see their aging parents in a new light. It can be difficult for them to accept that their parents' lives continue to change and that they make choices that would have seemed absurd when they were younger. "If their parent isn't behaving Every time you refer a client to our firm, you're putting your reputation on the line. It's all about trust well placed. or conducting their life in the same way with a second spouse, they tend to project onto the sec- ond spouse that that's something the second spouse is dictating." Hostility toward a step-parent may also come into play when it comes to caregiving, says God- dard, who notes children are often less willing to accept an elderly step-parent's struggles in looking after their own parent. A history of abuse often plays a role in high-conflict family law situations, says Jan Goddard. "A lot of it is just human nature; human nature will prevail over reason many, many times." A history of abuse within the family also tends to be behind many high-conflict situations. That may include physical, sexual, emotional or financial abuse. While admitting this is an anecdotal observation, God- dard says it's certainly a tenden- cy that seems to hold true. While family law practitio- ners will increasingly face these issues, it remains up in the air within the profession just how they should deal with the legal issues that arise when a subse- quent marriage breaks down. That suggests the unique subtle- ties of each case will guide the handling of such issues for now. In the meantime, Boyd sug- gests family law practitioners get up to speed on an emerging area of law. "The greying of the popula- tion has resulted in what I ex- pect to see in the future as an explosion of what we're calling elder law," he says. "More law- yers need to be paying greater attention to that when they're going through law school be- cause that's going to be the next significant wave of lawyer- ing that hits." LT MARMER PENNER INC. BUSINESS VALUATORS Alan Farrer - Managing Partner | Desmond Dixon - Partner | David Neill - Partner For over 70 years Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. As a law firm specializing in civil litigation, we have a record of accomplishment second to none. With a group of 30 litigators and a support staff of over 100 people, we have the resources to achieve the best possible result for your client. Moreover, we are exceptionally fair when it comes to referral fees. We welcome the chance to speak or meet with you about any potential referral. We look forward to creating a solid relationship with you that will benefit the clients we serve. 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• Cover
• Charter Rights
• Dodging A Bullet
• Focus On Family Law