VIC Separated for 14 years and I'm pregnant now

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John Lee

Member
28 February 2020
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0
1
Hi everyone,

I was married to a man 16 years ago, and we spent 2 years together and raised a little boy. For some reasons, I had to make a hard decision to leave this man and his parents. They blocked me to see my boy, and I have no idea where they are/were. I was totally lost and suffered during the time. And I left Australia without applying for divorce. I went back to Asia, live on my own for almost 13 years and with no contact to my ex. Recently I'm in love with other man, and pregnant.

I need to confront the problem I left 14 years ago. I'd like a divorce with my ex.
If I want to go back to VIC, Australia with my baby, is my baby under my ex name or not?
 

GlassHalfFull

Well-Known Member
28 August 2018
400
33
714
The baby's family name doesn't have to be yours, it can be your new partner's family name (in fact this is most common).

I'm confused though. Are you planning to move back to Victoria with your new partner, or are you only asking what the baby's name would be *if* you returned there?
 

John Lee

Member
28 February 2020
3
0
1
Thanks for your reply.

Yes. We are planning to move back to Victoria, my new born baby, my new partner and myself.
And I'm planning to file a divorce against my ex (legally, I'm still her wife). I'm not going to split any of his assets, I just want out.
Because I don't know where he's living right now. Maybe he's even not living in AU anymore. I need to go to the court and it might be processed for over a year.

My concern is, if I gave birth to a baby before the court finished my case, is my baby legally attached to my current partner?
 

GlassHalfFull

Well-Known Member
28 August 2018
400
33
714
Thanks for your reply.

Yes. We are planning to move back to Victoria, my new born baby, my new partner and myself.
And I'm planning to file a divorce against my ex (legally, I'm still her wife). I'm not going to split any of his assets, I just want out.
Because I don't know where he's living right now. Maybe he's even not living in AU anymore. I need to go to the court and it might be processed for over a year.

My concern is, if I gave birth to a baby before the court finished my case, is my baby legally attached to my current partner?

No, EVEN IF you were still living with your ex and it was his child, the baby doesn't have to take the father's name, it can take your name or a combination of your names. There is no legal attachment of a baby to the husband of the mother, the only thing that matters is who the father REALLY is.

The baby will be legally attached to your current partner because he is the real father. Marriage has no effect on that. A married woman could have affairs and cheat on her husband and have 10 children to 10 different fathers and the husband would have nothing to do with that. Although he might be a bit upset. :D;)

But yes, the divorce could be a slow and difficult process if you are unable to find him.