Divorcing a sibling?

savingmummy

I have 3 siblings who I don`t see, don`t contact and just get on with my life without them.


See no point at all why you`d need to divorce them :rotfl:

Morglin

columbo_addict wrote: »

A friend of mine hasn't got on with his siblings for several years - can he legally 'divorce' his siblings?


eg like emancipation in the U.S?

thanks for any help.

Not over here, although you can in some states of the US (sigh).:huh: (I think it's more about a declaration than anything legal tho)

I didn't need paperwork to ignore my sibling, and I no longer acknowledge his existence, nor will I.

Simple.

Lin

SailorSam

RAS wrote: »

Your friend might however want to ensure that they make a will; if they die intestate there are circumstance when their estate will be shared between siblings.

You read stories where someone in a family who has just been left out of a Will coming forward and trying to contest it and saying their name must have been left off in error. So i've heard you should put them in your Will leaving them a nominal 50p or £1

Errata

Why not simply tell the sibling to trot on ? Why does the person feel they need the law to do that for them?

TBagpuss

SailorSam wrote: »

You read stories where someone in a family who has just been left out of a Will coming forward and trying to contest it and saying their name must have been left off in error. So i've heard you should put them in your Will leaving them a nominal 50p or £1

It is not necessary to do that. Normally leaving a token amount like that would be a very deliberate, calculated insult.

If you are leaving someone out who you fear may seek to claim that it was a mistake then you need to ensure that you solicitor knows this, and makes good notes detailing what your instructions are. You can, if you wish, also leave a separate letter with the will setting our why you let things as you did.

A sibling would not normally be someone who you would be expceted to make provision for in a will, unless they were financially dependent on you at the time of your death, and you cannot content a will simply because you think the testator ought to have done things differently.

You would have to have a valid reason for contesting, for instance, that you do not believe that they were competent when they made it (e.g. they lacked full mental capacity)

Of course, there is nothing to stop you recording in the will that you are not making nay gift to [name] because [reasons] but it is not usually necessary.

peachyprice

Strange resurrection.

Melaniep101

savingmummy wrote: »

I have 3 siblings who I don`t see, don`t contact and just get on with my life without them.


See no point at all why you`d need to divorce them :rotfl:

Me too, I can't remember the last time I saw my brother and sister, maybe twenty years ago? There's been no falling out, just that there's no relationship there through mutual choice.

jaylee3

peachyprice wrote: »

As they do not have a legal relationship such as a marriage and do not have guardianship over each other such as a parent, then no, of course they can't.

Emancipation in the US is where a CHILD wants a legal separation from their parent, once they are an adult there is no need for emancipation because the parents no longer have any legal right to make decisions on their behalf.

It sounds like your friend wants to make a dramatic gesture for effect. I'm afraid he will just have to cut all communications and get on with his life.

This ^^^ Doing this weird Americanised 'emancipation' thing smacks of attention seeking and a will to cause a scene and a big drama, like when someone just HAS to announce they're leaving a message forum; it's called a flounce. :rotfl: To make a dramatic gesture like that suggests the person wants to say 'hey, I am mad with you all, and I don't want any more contact, and I want you to know this!' Whilst secretly hoping that someone will say 'awww, don't be like that: please stay!' If the person in question just wants no more contact, then stop getting in touch.

I know a woman who had extended family (cousins, aunts and uncles and a half brother,) who made zero effort with her once her parents died. She tried to maintain contact for 2 years after, and got nothing back from them; they never contacted her; it was always her contacting them, they never invited her to anything, they never included her in anything and never invited her kids to their kids parties or anything. (Despite her inviting them around regularly.... and them never turning up!)

She wrote a letter to all of them (about 6 or 7 of them) saying that she is mad with them and angry at the way they treat her, and she no longer wants contact. Not one of them responded. She spent about 3 years fuming and stewing and feeling upset. I said to her 'why do you care? They don't bother with you anyway; it's always you doing the running!'

Anyway, after 3 years, she wrote to them all, saying she was sad there was a rift, and she wants to get back in touch. None of them rang her, so she rang them, and asked if they'd got the letter. They said yes, and she could 'come around if she wanted.' The rift was 'kind of' healed. But then things continued as they were before, and she was still always making the effort and them none, and they still continued to not invite her or include her, OR her family. So she didn't contact them again, to see how long it would be til they got in touch. Six months later, still no contact. It appeared they just did not care.

A year after, (that six months,) she moved out of the area (70 miles away,) and never gave them her address. In addition, she changed her facebook URL, and changed her name from Jane Jones to J J James (her initials and mother's maiden name,) so they could not find her on facebook. Same for twitter. She also changed employers and so did her husband.

Another year on, she bumped into a family acquaintance in a nearby town, and she started saying 'oooh, how's your auntie Lyn and how's your cousin Janet?' This woman WORKS with Lyn, so she would know how they are. My friend just said 'yeah fine.'

Another month on, she saw another family acquaintance who said 'your aunty Dot is ill you know, she has been poorly for weeks.' My friend said 'oh dear, and 'anyway I must go.'

Obviously the family must have said something about her not being around and not contactable anymore; otherwise why would this acquaintance assume she wouldn't know about Dot's illness? (Turns out she had only had a tonsillectomy!)

A few weeks later, a third incident: she saw an old neighbour of her cousin who asked where she is living now. So they must have noted she was gone, and mentioned it to people that she wasn't in Tweed Street anymore. So it looks like they had been talking about her, and were perplexed as to where she was.

And just six months back (2 years after she moved,) one of her cousins daughters tried to add her daughter on facebook! She blocked her. Luckily all her settings are private, so she wouldn't have seen her location. Then a week later, another daughter of another cousin tried. She got blocked too.

Funny how they seem interested now, but she said that the ship has sailed, they treated her like sh*t for years, and she no longer wants contact with them, and also, when she thinks about it; they brought nothing to her life except stress and worry, and in the past they had only ever contacted her if they wanted something. And as I said, she has cut off all ways to contact her. She is still baffled as to why they seem interested as to where she is now though.

So there's no need to 'divorce' anyone at all OR make a song and a dance. Just cut off contact, make yourself uncontactable, and that will get to them more, as it appears to have got to my friend's extended family.

*disclaimer* names are fictional.

DFlights

I did the same with my family, they're all really toxic people to have around who only used me as something to make fun of and bully, so at the age of 26 I decided enough was enough, and stopped all contact. Letters and cards went in the bin, phone calls went unanswered until I remembered to change my number, and quite frankly, all I need to do now is have a will written sometime soon so that they can have no claim on any of my possessions (not that I have anything of value).
That's it, really. And they're all blocked on social media, too. My life has been so much better since I did all of this, it's all anyone needs to do to free themselves of unpleasant family.

duchy

What a lot of drama

If your friend doesn't want contact then drop contact. In extreme circumstances and with valid reasons ( not just a drama lama scenario) they could get an injunction to prevent contact just like they could with any other adult but "I hate my brother" won't be enough.