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Who''s the Daddy?!?

  • strongerthanithought
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25 Apr 12 #326554 by strongerthanithought
Topic started by strongerthanithought
Hi folks, need some definitive advice here if possible..

Partner''s ex is pregnant with another man''s baby; they''re not divorced yet!!!

Where EXACTLY does my partner stand LEGALLY if she gives birth while they''re still married? I know that he can be named on the birth certificate though I think that''s unlikely, they''ve got the Nisi and arrangements for children agreed as part of that but still not the Absolute.

Please can someone hopefully put my mind at rest, or send me a link to something in black and white that I can show him so he can see what the implications of not applying for the Absolute might be?

Hugest thanks in advance..

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25 Apr 12 #326621 by strongerthanithought
Reply from strongerthanithought
Bump....

(no pun intended ha ha..)

Thanks!

  • LittleMrMike
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26 Apr 12 #326643 by LittleMrMike
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I''m not too sure what it is you want advice about !
If your partner''s wife ( and if there is no Absolute yet, she will still be his wife, however tenuously ) gives birth to a child, and it is proved by one means or another that your partner is not the father - that''s as good a proof of adultery as it gets.
But the '' marriage '' is hanging by a thread anyway. In principle, the wife can apply for the absolute just as you can, assuming the six weeks have expired.
The re-marriage of the wife, if it takes place, could, potentially, have a clear and definite bearing on the financial settlement - if they''ve yet reached that stage. Re-marriage would end all potential claims to spousal maintenance. If your partner is not the father, then he has no obligations towards the child as such.
If for argument''s sake you have reached a financial settlement, and the wife did not disclose an intention to marry or cohabit, and then went and did just that, then this would entitle your partner to re-visit the whole settlement.
As I say, I don''t know what it is you want to know or be reassured about.
LMM

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