The majority of families have shifted from the traditional nuclear family of father, mother and child to a nation in which the majority of families are divorced. Most people move on to remarriage or some other form of living together. The US Bureau of Census indicates that 1,300 step-families are forming every day.

The joining of two parents and their respective children can create various challenges especially since children may be accustomed to different parenting styles or routines. To handle those challenges, the adults may wish to plan to face the challenges by talking with one another and their children about the differences in parenting styles before the remarriage and how to handle any conflicts in a positive manner.

There are also outside resources available for the blended family. There are thousands of books, online websites, and blogs containing great advice for the blended family. Some families may benefit from family counseling both before the remarriage and after the remarriage. This counseling may help to ease the tensions that arise in newly blended families.

In the creation of this new family, there may be ex-spouses or significant others. It is important to not assume that the ex-spouse or significant other is against the union of this new blended family. Like it or not, the ex will be part of the family.

There may be court orders dictating holidays, vacations, and the overall routine of the new family. This can create tension in some households; however, the court orders are the “default order.” This means that the adults can compromise the schedule if both parties agree to deviate from the order. If there is a dispute between the parties about the custody schedule, the courts will enforce the order entered by the court.

If tensions develop between the adults, there are consultants available such as counselors, therapists, and mediators available to help resolve the differences between the parties. It is best to try to utilize those resources before returning to court.

Modifying the custody order may not be an option. The order regarding child custody is not easily modified, especially, if there is an established custodial environment. If there is a change in circumstances, the court may modify the custody order; however, everyday changes such as a remarriage is not a basis to change the custody order.

Life changes can be exciting. The challenges of a blended marriage can be minimized with proper planning, patience, communication, and negotiation.

Torree J. Breen is the chair of the Family Law Practice Group and is a member of the firm’s Litigation Group.  She also serves as Secretary on the firm’s Board of Directors.  Ms. Breen specializes in family law, divorce, child custody disputes, no-fault litigation, insurance coverage, and handicapped accessible housing coverage.  In 2016, Ms. Breen was awarded a Regional Leadership Award by the Women’s Lawyers Association of Michigan for her outstanding legal, leadership and mentoring skills in the community.  Ms. Breen was selected as one of the Top Ten Family Law Attorneys in Michigan in 2014 and 2015 by the National Academy of Family Law Attorneys (NAFLA).   She was recognized as being among the Top Ten Family Law Attorneys as selected by The American Institute of Family Law Attorneys (AIFLA) for 2014, 2015, and 2016.

Ms. Breen has received a Certificate of Completion in the area of Family Law issued by the Institute of Continuing Legal Education and the Family Law Section of the State Bar of Michigan.

Do you have dreams of having a romantic wedding on a tropical island on the beach or maybe a vineyard in a rustic Mediterranean country in Europe? If you yearn for a small intimate affair between you and your closest friends and family in a foreign country, you need more than a plane and a passport to make sure that your dreams come true.

If you are planning to wed outside the United States, you need to educate yourself about the marriage requirements of that country. Just like the United States, the foreign country will require proof of residency, such as a valid United States passport, birth certificate or other proof of residency. In addition to birth certificates, some countries may also require divorce decrees or death certificates to authenticate your eligibility for marriage. Those countries may also require that those documents are authenticated in the United States by a consular official from the country in which you plan to wed. (Consular assistance is help and advice provided by the diplomatic agents of a country to citizens of that country—who are living or traveling overseas). Some countries may also require that the document proving birth, death or divorce be translated into the local language. This process can be time consuming and expensive.

In addition to the proper identification, some countries may require blood tests and/or other medical tests to be completed by the parties. Some countries may even require you or your spouse-to-be to have resided in their country for a set period of time prior to the wedding.
Most foreign countries may require an “Affidavit of Eligibility to Marry.” This document proves you have the legal capacity to marry. There is no government-issued “Affidavit of Eligibility to Marry” in the United States. Most countries will accept a statement from you attesting to your ability to marry, if your signature on the affidavit has been notarized by a United States consular officer.

If you have already planned your wedding and realize that you have not met the local rules of your foreign country and do not have the time to meet that country’s requirement, do not fret. You can always go forward with the ceremony for yourself and your guests and make arrangements to be legally married in the United States in a private ceremony before or after your destination wedding. Obviously, if you have not complied with the laws established by the foreign country, your marriage in that country will not be valid.

The embassy or tourist information bureau of the country in which the marriage is to be performed is the best source of information about marriage in that country. In addition, American embassies and consulates abroad frequently have information about marriage in the country in which they are located. For more information, you can also visit: https://travel.state.gov/content/passports/en/passports.htmlhttps://travel.state.gov/content/passports/en/passports.html.

Torree J. Breen is the chair of the Family Law Practice Group and is a member of the firm’s Litigation Group.  She also serves as Secretary on the firm’s Board of Directors.  Ms. Breen specializes in family law, divorce, child custody disputes, no-fault litigation, insurance coverage, and handicapped accessible housing coverage.  In 2016, Ms. Breen was awarded a Regional Leadership Award by the Women’s Lawyers Association of Michigan for her outstanding legal, leadership and mentoring skills in the community.  Ms. Breen was selected as one of the Top Ten Family Law Attorneys in Michigan in 2014 and 2015 by the National Academy of Family Law Attorneys (NAFLA).   She was recognized as being among the Top Ten Family Law Attorneys as selected by The American Institute of Family Law Attorneys (AIFLA) for 2014, 2015, and 2016.

Ms. Breen has received a Certificate of Completion in the area of Family Law issued by the Institute of Continuing Legal Education and the Family Law Section of the State Bar of Michigan.

YOU HAVE THE RIGHT THE BEAU; YOU WENT TO THE BRIDAL SHOW; BUT DO YOU HAVE THE RIGHT FINANCIAL PLAN?

You have likely traveled throughout the state of Michigan to attend bridal shows and/or to find the right dress. But have you considered what to do with your assets now that you are planning to wed? Most people spend more time and money planning their wedding than protecting their valuable assets from dissolution. Do you need a prenuptial agreement? Some people do not need a prenuptial agreement; however, some people may have assets of a significant value that should be protected, if possible. Since you spent so much time and effort on planning the wedding, why not take a few moments to protect valuable assets from division should the marriage end?

Separate vs Joint Assets

The minute the vows are complete and the marriage is legal, every dollar earned or lost during that marriage is shared evenly, or 50 cents on the dollar per spouse. There are, however, assets/debts that may qualify as separate property and may also qualify as a separate asset, if the marriage should end. To qualify as separate assets/debts, the property must have existed before the marriage and not have been comingled with other martial assets.

For example, if, before the marriage, there were stock investments or bank accounts, those assets should remain separate assets, as long as those accounts existed separately throughout the marriage and there were no contributions of money earned during the marriage into those accounts. If it can be shown that those accounts remained separate from the marital assets, those assets may remain separate and most likely not be divided by the courts between the parties. Martial money contributed to invest into a house owned before the marriage without any debt, for example, may take the property out of the separate property category.

Another example, especially for second, third, fourth…. marriages and/or minor children from past relationships, would you want to protect your pensions, 401ks, and/or other retirement accounts from division? You may want to keep those assets separate, if they existed before the current marriage, to ensure that marital monies are not commingled to make that asset a marital asset to be divided if the current marriage should end. The interest and passive growth on those investments during the marriage will most likely be split with your spouse, if the asset was commingled with marital assets. Your children may be disinherited as well from receiving those assets.

Don’t Dread a Pre-Nup

Your preexisting financial assets can be protected with a prenuptial agreement. To accurately evaluate whether you should protect your assets with a prenuptial agreement, you will need to consult with an attorney. An attorney can review the evidence and advise you, based on the information provided, whether the asset is likely or not likely to be a martial asset or debt or whether a prenuptial agreement will benefit your estate.

Torree J. Breen is the chair of the Family Law Practice Group and is a member of the firm’s Litigation Group.  She also serves as Secretary on the firm’s Board of Directors.  Ms. Breen specializes in family law, divorce, child custody disputes, no-fault litigation, insurance coverage, and handicapped accessible housing coverage.  In 2016, Ms. Breen was awarded a Regional Leadership Award by the Women’s Lawyers Association of Michigan for her outstanding legal, leadership and mentoring skills in the community.  Ms. Breen was selected as one of the Top Ten Family Law Attorneys in Michigan in 2014 and 2015 by the National Academy of Family Law Attorneys (NAFLA).   She was recognized as being among the Top Ten Family Law Attorneys as selected by The American Institute of Family Law Attorneys (AIFLA) for 2014, 2015, and 2016.

Ms. Breen has received a Certificate of Completion in the area of Family Law issued by the Institute of Continuing Legal Education and the Family Law Section of the State Bar of Michigan.