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Legal matters

Not yet divorced, pregnant by new man

2 replies

Prometheus · 24/07/2014 14:27

I'm asking for advice on behalf of a family member. She has been married for less than a year but separated from her DH a couple of months ago. I think they need to wait for their 1 year anniversary before they can start divorce proceedings. She is still using her married name whilst she saves up for a new passport in her maiden name to use as proof of name change at doctors etc.

She is now pregnant by another man.They are not together and for various (very good) reasons she does not want his name on the birth certificate. He is not interested in bringing up the child and is happy with this.

My question is, will her ex-DH legally be considered the dad? I am not sure whether the divorce will be completed in 7 months time when the baby is due and all her medical paperwork (midwife etc.) is being completed in her married name as she changed her bank accounts and has no documents in her maiden name. Can anyone advise on where she stands legally please? Thank you.

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Collaborate · 24/07/2014 15:49

The answer to your question is no. There certainly used to be a presumption of legitimacy, but that won't apply in this case as neither husband or wife will be claiming H is the father.

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Prometheus · 26/07/2014 18:07

Thank you!

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