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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I currently live in hull and have separated from wife as she

Customer Question

I currently live in hull and have separated from wife as she has moved back to Glasgow. We have been married for one year and she is currently pregnant- six months.
We haven't filed for divorce and my understanding is we are having a trial separation to see if things work out. However she contacted a solicitor to request spousal maintenance and money to buy things for the baby. Though the solicitor has specified that she hasn't made her decision for a divorce yet.
My questions are:
1. I don't know if the baby is mine and would like a paternity test doing first so on this basis can she demand money from me legally for the procurement of things like baby Pram etc?
2. If we haven't divorced is there a legal claim that she can demand spousal maintenance?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

1 Since you are married it will be presumed that the child is yours - however once it is born you can ask for a DNA test - and if she will not agree then you can apply to the Court for an Order that a DNA test is done.

2. Yes you remain liable to pay spouse maintenance based on your respective incomes. You cannot be forced to give money to purchase items for the baby.

Please ask if you need further details