children born outside marriage

[rachandpaul]

I split from my husband 5 years ago but did not divorce. i now have a child with my new partner. do i have to mention her in the divorce as a child of the marriage?

[sara3]

if the question asks just that then no, as she is not a child of the marriage.

[hc4361]

There is a presumption of legitimacy when a child is born to a married woman, it is presumed to be the husband's.
Assuming your husband is not named as the father on the birth certificate and has never believed the child to be his, she is not a child of the marriage.