Children outside of marriage

andy_green

Hello, I would like to ask your opinions.

Supposing you are married and you are trying to separate and what have you. Supposing there is a lady eagerly waiting for your divorce arrangements to go through so maybe you can marry her. Now suppose this divorce is taking its time and there are obstacles and objections delaying things.

What would happen if this other lady, to whom you are not married as yet, got pregnant with your child. Would this child be recognised as yours? Would you be able to leave whatever you seem fit in your will to this child, or would the will be invalid/contested because this new child is outside marriage and therefore not worth anything? Would you be able to successfully bypass your existing family in favour of this new child?

I know we are bordering "callousness" here but assume for a moment that the existing family is already well cared for.

Mojisola

andy_green wrote: »

What would happen if this other lady, to whom you are not married as yet, got pregnant with your child. Would this child be recognised as yours?

Of course. If you want to get your name on the birth certficiate, you have to go to the RO for the registration (or fill in all the required paperwork).

Would you be able to leave whatever you seem fit in your will to this child, or would the will be invalid/contested because this new child is outside marriage and therefore not worth anything?

Yes, of course. Whether the parents are married or unmarried or married to other people at the time of the child's conception is irrelevant.

Would you be able to successfully bypass your existing family in favour of this new child?

That could be contested if the other children are still minors or you have been financially supporting them as adults.

Otherwise, in England and Wales, you can leave your estate to whoever you want. Other countries have different rules.

gettingtheresometime

Wouldn't a will have to be made in anticipation of divorce for it to remain legal afterwards?

Pixie5740

Who else's would the child be recognised as....the milkman?

Fireflyaway

I'd say what a dodgy situation to get into! All children should be cared for financially and emotionally regardless of whether the parents are married to each other / someone else etc. Its not their fault that the parents chose to bring them into the world under such circumstances.
As far as leaving things in your will. As long as you detail your wishes you can leave your money to whoever. It might make people unhappy but its your choice.
Also, yes you can put your name on the birth certificate but being unmarried to the mother the child is still illegitimate. However if you acknowledge paternity the child enjoys the same rights as if you were married.

ruperts

It would be absolutely ridiculous in 2017 for whether or not the parents are married to have impact whatsoever on any aspect of the child's upbringing and life and the choices available to the parents.

BrassicWoman

https://forums.moneysavingexpert.com/discussion/5666880

with this diagnosis? You are willingly creating a one parent family at the outset? Or is your partner already pregnant?

I am sorry for your situation but this seems unfair to the child. I would be very careful with contraception.

Mojisola

Fireflyaway wrote: »

As far as leaving things in your will. As long as you detail your wishes you can leave your money to whoever. It might make people unhappy but its your choice.

Not if the children are minors or adults who are being financially supported.

A spouse can also challenge a will if he/she isn't provided for.

That's Eng & Wales.

In Scotland there are different rules.