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Divorce While Pregnant

 August 2023

Getting divorced during pregnancy can create extra stress for parents-to-be at a time when you want to focus on looking forward to the arrival of a new baby.

If you are getting divorced while pregnant it is important to take specialist legal advice from family law solicitors on how best to protect yourself and your family.

At Fullers Family Law our family law experts understand that divorce is stressful whatever your personal or family circumstances, but especially so if you are pregnant.

We know that we cannot wave a magic wand to make the stress disappear. However, we can provide you with the legal support you need to secure your divorce and financial settlement and to help you navigate your post-divorce life with confidence.

Initial Discussion

This summary provides general information and does not constitute legal advice on any individual circumstances. 

For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at and a member of our team will get back to you.

Getting Divorced While Pregnant

If you are pregnant, then you are already experiencing a lot of change in your life. While you may be sure that you want to get divorced, our family lawyers can talk to you about whether there are any advantages to you in waiting until after the baby is born to start divorce proceedings.

A delay in starting divorce proceedings may give you the space to focus on your pregnancy. For others, getting divorced while pregnant is the best option. For example, if you have experienced domestic violence and need an injunction, if your ex-partner is not willing to provide you with financial support, or if you fear that  any delay in starting divorce proceedings, will give your spouse  time to hide assets to reduce the amount of your eventual financial settlement.

Everyone is different in how they cope with pregnancy and divorce so our family law solicitors will take the time to explain your options and to help you work out the option that is best for you.

No-fault Divorce Proceedings 

If you decide that you want to go ahead and get divorced whilst you are pregnant you will not need to go to court to obtain a no-fault divorce. Your family law solicitor can handle all the paperwork for you.

If your final order of divorce comes through whilst you are pregnant this will not affect your legal rights. A mother always has parental responsibility for her child. A married father automatically has parental responsibility for their child if they are married to the birth mother at the time of the birth or if they are named as the father on the child’s birth certificate.

Divorce Financial Settlements and Pregnancy

If you are expecting a baby whilst getting divorced you can negotiate a divorce financial settlement through solicitor negotiations, engage in family mediation or start financial settlement proceedings in the family court.

Our family law solicitors will discuss with you whether it is best to wait until after the baby is born to reach a divorce financial settlement. The approach may depend on your health and the pressures placed on you by the pregnancy as everyone is different.

Whilst you may be keen to reach a divorce settlement it can be a good idea to wait until after the baby is born to finalise the financial settlement. This is because your financial requirements, maternity leave duration or housing needs may change. For example, you may need spousal maintenance in addition to child support to help you adjust to your new circumstances.

Agreeing on Parenting Arrangements

You may be reluctant to agree to future parenting arrangements before the arrival of the baby, but it can be helpful to start to think about whether co-parenting or shared parenting will work for you and the practical considerations with a newborn and then a toddler.

Your initial views on parenting may be that you want to go it alone or that you will need the support of your ex-partner to help you juggle looking after a baby with work commitments. Alternatively, you may want to move to be closer to your parents so they can help with childcare and your planned move may impact on contact time between father and child.

Family law solicitors recommend that wherever possible an agreement is reached on parenting arrangements. If an agreement cannot be reached, either parent can apply to the family court for a child arrangement order to set out the arrangements for where the child should live and contact with the other parent. An application for a child arrangement order cannot be made until after the baby is born.

Reaching Amicable Divorce, Financial and Parenting Solutions

Making major personal decisions while pregnant can be difficult, either because you do not feel able to argue your case fully or because you do not know how you will feel after your baby is born.

Our family lawyers will make sure that you do not feel rushed or pressurised into making decisions that will affect your life and that of your baby on a long-term basis.

How Can Fullers Help?

We understand that finding a solicitor that you feel understands your specific situation can be a daunting task. So you can book a free callback with us here.

We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.

For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at and a member of our team will get back to you.

Book a Free Callback


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Our highly qualified lawyers are members of Resolution, working to their code of practice, encouraging sensitive and cost-effective solutions that consider the needs of the whole family, including the interest of any children.

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