New Partner Still Married

[Jlovesey90]

Hi!

My fiance is currently going through a divorce but her ex is dragging his heels signing some of the final forms that are needed and Covid is showing everything down.

A random thought crossed my mind about what would happen with our daughter (due August) in terms of legal rights etc with her technically still potentially being married when she's born, even though they've been separated nearly 2 years.

Had a quick Google and it seems in some states in the US a husband has legal rights to a child even if they aren't the dad!

Does anyone know how this works in the UK?

Thanks

Jamie

Wow - the marriage is only over 2 years, and you are engaged to be married & expecting a baby 😳

Some people really don't want to hang around.

I don't think it has any bearing on your DC if the divorce isn't finalised before their birth.

How can someone be married and also be a fiancé?

Jamie, please make sure you are on the birth certificate if that is what you both want.

IANAL, but my understanding is that if they're still married, the child could be considered a "child of the marriage". However, if you and your df register the birth together, you can circumvent this.

I think if you accompany her to the registration of the baby its not automatic that her husband is on the birth cert as father ykwim

Yes, you've got to be present at the birth registration.

Have a look here:

www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility

It is a little unclear- but I think so long as you ensure you register the birth with your fiancé and your name is on the birth certificate, you would have parental responsibility (rights) and if not, then your fiancé's current husband would. I would advise you to pursue legal advice on this, however, to be sure, as it really isn't 100% clear.

@Jlovesey90 maybe start by calling the registration office, I would imagine just being at the registration of the birth you can avoid any issues. I wouldn’t have thought that your situation is that unique, a few judgemental comments after only knowing a few sentences of your life!

You fiance isn't married to you, so usually you will need to attend the registration of the birth with her.

When she goes to arrange the registration, if she's still married she will may need to declare that but state that she is currently separated and in the process of divorcing her husband, but you are the father of this child.

As long as your named on the birth certificate, there shouldn't be an issue.