In some situations, divorcing in the UK while pregnant can lead to an unfair divorce settlement because once your child is born, your financial (e.g. housing and maternity leave) and child maintenance needs may change. For this reason, it is sometimes advisable to wait until the birth before coming to a divorce financial settlement, however, this is not always possible (e.g. in the case of domestic abuse). It is also important to remember that whether you divorce while pregnant or not, your parental responsibilities as a mother will not change.
Who should consider divorce while pregnant?
It may be necessary to proceed with divorce while pregnant without delay if:
- There is a background of domestic violence
- Threats of violence have been made
- There is a risk of harm to the unborn child
Another key consideration of divorcing during pregnancy is parental responsibility for the child. The biological father of a child will not have parental responsibility if they are unmarried or divorced from the child’s mother when the child is born. This means that the biological father will have very few rights to make important decisions on behalf of the child, such as where they go to school, medical treatment, and their religious upbringing.
If you are considering getting divorced while pregnant for any of the above reasons, it is important to act quickly to ensure your divorce is completed as quickly as possible. Please contact to our friendly family law team, who will handle the process of your divorce as soon as possible.
Should you delay a divorce during pregnancy?
In some cases, it may be better to delay getting divorced until after pregnancy. There are several factors that need to be considered before making a decision to get divorced during your pregnancy, including:
- Whether your financial needs are likely to change
- The additional stress of getting divorced while pregnant
- Less clarity on child arrangements
Financial needs may change
The reality is that until your child is born, you may not fully understand your financial needs. For example, your housing needs may change, you may need to take more maternity leave, or you may need spousal maintenance to help you cope financially while your child is young. If your child has any health issues, you may require additional financial support to ensure their needs are met.
For these reasons, any spousal maintenance provided by your child’s biological father may need to change once your child is born. This may require an application to the family court to change the divorce financial settlement, which can be costly and take time. Waiting until you are divorced will mean that you can reach a suitable agreement on spousal maintenance with a full understanding of your financial needs as a parent.
However, when it comes to child maintenance, the legal requirement for your child’s father to pay towards the upbringing of their biological child is not altered by getting divorced while pregnant.
Additional stress
Getting divorced while pregnant can add to the existing physical and mental stress of pregnancy. For this reason, some mothers may decide to wait until the child is born before going through the process of divorce.
Agreeing on a divorce financial settlement while pregnant
An amicable divorce means that both parties can reach a fair agreement on the division of their financial assets and child arrangements without needing to ask a family court to decide on their behalf. Thankfully, under the no-fault divorce process in England and Wales introduced in April 2023, there is no longer a requirement to blame the other person for the breakdown of the marriage, making amicable divorces easier to achieve.
If you are considering getting divorced while pregnant, there are a number of steps that you can take to make the process as smooth and amicable as possible, including:
- Encouraging open and honest communication at all times
- Trying to understand the perspective of your ex-partner, not just your own
- Leaving children out of the conversation
- Providing full disclosure of your financial assets
- Remaining calm at all times
- Seeking the advice of a mediator if you are unable to agree on the terms of your divorce.
Seeking the advice and support of a family law solicitor who you can rely on to answer any questions you have and guide you through the process can make achieving an amicable divorce much easier. Your solicitor will help you understand the implications of getting divorced while pregnant and the legal implications of waiting, both for you and your child.
