Children and Finances Solicitors

Private Children Solicitors – Children and Finances

On the cessation of the relationship of an unmarried couple, financial claims can be made on behalf of their children. It is important to note that the nature of this financial provision is significantly different to that which can be claimed in the context of a divorce, which is generally outside of our jurisdiction.

While there has been wide support for many years for a change in legislation to allow more generous provision for unmarried parents with children, it is unlikely that any substantive change will take place in the foreseeable.

Currently, the unmarried parent of a child can only seek financial provision for that child under Schedule 1 of the Children Act 1989. This permits the court to make one or more of the following financial orders:

1. Child maintenance (in addition to the maximum maintenance as assessed currently by the Child Maintenance Service), which can include the cost of school fees and the costs of university education 
2. A capital lump sum for costs directly referable to the child (the acquisition of a car or the costs of equipping the child’s home with essential items) 
3. A transfer or settlement of property for the purposes of securing a home for the child during their minority after which it will be returned to the parent who funded or provided it. 

In making a judgement as to the correct level of financial provision for the child, the Court has regard to the following factors:

1. The parents’ respective financial resources 
2. The parents’ needs and other responsibilities, including to any other children 
3. The financial requirements of the child 
4. Any disabilities of the child 
5. The parents’ intentions as to the education of the child

Each parent is required to provide full details of their respective financial positions, to include capital and income to allow the court to decide on the proper financial provision for the child.

Duncan Lewis is ranked and recommended by the Legal 500 UK Legal Directory for its Family & Matrimonial work – and the Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel – so our team is well placed to help you with any specific issue disputes.

For expert legal advice on private law children matters, to include financial provision for children, call Duncan Lewis Private Law Children Solicitors, or request a call using our online form.