When unmarried parents separate, their financial rights are very different from those of married couples going through a divorce. However, where you have children together, it may be possible to apply to the Family Court for financial provision for your child under Schedule 1 of the Children Act 1989.
Schedule 1 applications can be particularly important where ordinary child maintenance does not adequately meet a child's financial needs or where additional financial support is required for matters such as housing, education or other significant expenses.
What is a Schedule 1 Application?
Schedule 1 of the Children Act 1989 gives the Family Court powers to make certain financial orders for the benefit of a child.
These applications are commonly associated with unmarried parents because separating cohabiting couples do not have the same financial claims against each other as divorcing spouses or dissolving civil partners.
A Schedule 1 application focuses on meeting the financial needs of the child.
Depending on the circumstances, the court can make orders relating to:
- regular financial payments;
- secured financial payments;
- lump sum payments;
- the transfer of property; and
- the settlement of property for the benefit of a child.
The appropriate order will depend on your child's needs and the financial circumstances of the parents.
Schedule 1 Applications for Unmarried Parents
There is a common misconception that couples who live together for a long period acquire the same financial rights as married couples.
This is not generally the case.
When unmarried parents separate, one partner cannot ordinarily make the same claims for maintenance, pensions or capital that might be available following a divorce.
However, this does not mean there are no financial remedies available where children are involved.
Schedule 1 of the Children Act can provide an important route for obtaining financial support for a child, particularly where one parent has significantly greater financial resources than the other.
The purpose of the legislation is to make financial provision for the child rather than to redistribute assets between the parents simply because their relationship has ended.
What is the Difference Between Schedule 1 and Child Maintenance?
Schedule 1 applications and ordinary child maintenance are related but distinct.
Child maintenance is generally intended to contribute towards a child's everyday living costs. Where parents cannot agree arrangements themselves, the Child Maintenance Service can usually calculate the amount payable using a statutory formula.
Schedule 1 provides the Family Court with additional powers to make financial provision for children.
It can therefore become important where financial needs extend beyond ordinary maintenance or where the circumstances fall within the court's jurisdiction.
Depending on the family, Schedule 1 proceedings might concern housing, lump sums, educational expenses or other significant financial requirements.
Our family law solicitors can help you establish whether you should be dealing with the Child Maintenance Service, making a Schedule 1 application or considering both aspects of financial support.
Who Can Make a Schedule 1 Application?
Schedule 1 applications are commonly made by one parent against the other for financial provision for their child.
However, the legislation allows applications in a wider range of circumstances.
Depending on the case, an application may potentially be made by a:
- parent;
- guardian;
- special guardian; or
- person with whom the child lives under certain child arrangements.
In some circumstances, a child may also be able to make an application.
The rules concerning eligibility and the orders available can be complex, so it is sensible to obtain specialist advice before starting proceedings.
Schedule 1 Applications in High Net Worth Cases
Schedule 1 applications can become particularly significant where one parent has substantial income or assets.
The standard child maintenance system may not address all of the child's financial needs or the family's particular circumstances.
High net worth cases may involve issues such as:
- substantial housing requirements;
- private school fees;
- international education;
- significant childcare costs;
- nannies or other support;
- additional extracurricular expenses;
- overseas property;
- business interests;
- trusts; and
- complex income arrangements.
These cases can require detailed financial analysis and careful consideration of the child's reasonable needs.
Our experienced family law team can advise on complex and high-value Schedule 1 claims and help you develop a clear strategy from the outset.
Family Mediation and Schedule 1 Applications
Family mediation can help separated parents discuss financial arrangements for their children with the assistance of an independent mediator.
This might include discussions about:
- housing;
- child maintenance;
- school fees;
- significant expenses;
- childcare costs; and
- other financial support.
The mediator does not impose an outcome. Instead, they help you identify the issues, exchange relevant information and explore whether an agreement can be reached.
Consilia Legal has experienced family mediators as well as specialist family law solicitors, allowing us to help you understand the different options available for resolving your dispute.
How Consilia Legal Can Help With Schedule 1 Applications
Schedule 1 cases can involve difficult questions about children's needs, housing and each parent's financial responsibilities.
Our experienced family law solicitors can advise both parents seeking financial provision and parents responding to a claim.
We can assist with:
- assessing whether a Schedule 1 application is appropriate;
- child maintenance issues;
- housing provision;
- lump sum applications;
- school fees and educational costs;
- financial provision for children with additional needs;
- high net worth Schedule 1 cases;
- financial disclosure;
- negotiation;
- family mediation;
- family arbitration and non-court dispute resolution;
- preparing and responding to court applications; and
- representation throughout Family Court proceedings.
We will explain your options clearly and work with you to find a solution that meets your child's needs while taking account of your family's financial circumstances.
Contact Consilia Legal For Expert Family Law Advice
If you are an unmarried parent and need advice about financial provision for your child, our experienced family law solicitors can help.
Whether you are considering making a Schedule 1 application or need to respond to a claim from your former partner, getting advice early can help you understand your position and make informed decisions about the way forward.
Speak to Consilia Legal's family law team today to discuss your circumstances and find out how we can help. Contact us today on 0113 322 9222 or email enquiries@consilialegal.co.uk
