Fathers name on birth certificate

[ThisIsMyBurner]

Hello,

In the process of leaving an abusive relationship. Applied for a NMO. We are married and I would ideally like to organise a divorce but money is tight at the moment, meaning legal separation may be the best bet. Soon to be ex husband is very manipulative, narcissistic and controlling. I am due at the end of the year. Would his name have to be put on the birth certificate if the separation order does not go through before then? Even if the order does go through, will he need to be on the birth certificate? Also how would his name not being on the birth certificate have an effect when it comes to the marital property?

He will automatically have parental responsibility if you are still married when the baby is born. Marriage confers legal paternity. At any rate, he would be successful in obtaining PR and having his name added to the birth certificate if he applied for it through the courts, as you aren’t denying that he’s the father. At best you’d just delay the inevitable result by a few months.

Whether he’s on the birth certificate or not has no impact on marital property.

@ComtesseDeSpair Is this still the case if I obtain the separation order before baby is born? Will he still be able to claim PRs?

If you’re still married he has automatic PR and is assumed to be the child’s father. A legal separation does not put an end to the marriage, it enables you to live separately but remain married and outlines the rights and responsibilities of each spouse and any financial agreements / arrangements.

Even if you were divorced he would still be able to claim PR. It would require a court application, but he would be successful, as he’s the baby’s father.

A legal separation costs £365, a divorce £593. Fee remission is available for both.

There is no advantage in a legal separation if the ultimate goal is to divorce.

Hi. I am just looking for a little advice. My baby is 5 months old, my babies dad and I are no longer together as he walked out and left us. He has proposed to see my son 3 nights a week, two nights during the week and bring him back early morning before he goes to work (he lives 40 minutes away) and alternative Friday/Saturday nights for the full following day. It’s so important to me that my son has stability and knows his home is here with me, I feel like three over night stays is a little too much, considering his age. I don’t know where I stand with this, if it was to go to medication/court. Any help/advice would be very much appreciated

With young babies, courts favour the “little and often” approach to contact with the NRP, gradually building up towards 50/50 as the baby gets older. It’s very unlikely they’d order three overnights for a small baby but they would expect both of you to view contact arrangements as being fluid and open to change over the next year. In mediation, make it clear that that is your intention, just not right away whilst DS is so young.