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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can you please tell me whether a divorce has to be finalized

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Hi, Can you please tell me whether a divorce has to be finalized before spousal support can be claimed.
I would like to add my surname to my daughters, so she has both her fathers and my surname my sons already has both our surnames. As we were not married at the time of his birth his father was fine with it. We were married when I gave birth to my daughter so she has her fathers surname only. Her father is unwilling for me to add my surname. Do I need his permission to add my surname?

Hi, thank you for your question. You are able to seek spousal maintenance for your reasonable needs even if divorce has not been issued, and in the course of proceedings you can seek support until a final decision has been made. This can be done using Form A and a £255 court fee to your family court.

In relation to the children matter, as you were married, the father has parental responsibility and you will not be able to change the child's surname without the father's agreement. If he does not agree then you will need to apply to court for a specific issue order under form C100 and a £215 court fee to your local family court.

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