At Consilia Legal, we regularly meet clients who are surprised (and often upset) to learn that they have no automatic right to financial support from their ex-partner after a breakup, just because they lived together. This includes long relationships, as the law doesn’t treat unmarried couples the same way it treats those who are married or in a civil partnership. There’s no such thing as a “common law marriage” in England and Wales. This includes additional financial support for any children of the family.
So, where does that leave unmarried parents, especially those who are the primary carers for young children?
Help Is Available But It’s Not Always Obvious
The primary carer of children can pursue the other parent for child maintenance, provided that the other parent is in receipt of an income, this includes earned income, income from self-employment and pension income. To ascertain what your ex-partners statutory liability for child maintenance is, you should access the Child Maintenance Service (“CMS”) calculator.
In some cases, child maintenance from your ex-partner, in addition to their own income sources, will be sufficient to meet the ongoing needs of the child/children, but this is not the case for all families.
In cases where the payment of payment of child maintenance would not be sufficient, then there is a little-known legal route that could provide extra financial help for your child’s needs: Schedule 1 of the Children Act 1989.
This law allows a parent to apply for extra financial support from their ex-partner, not for themselves, but specifically for the benefit of their child. The considerations of the court in such cases are similar to those in a matrimonial case, however the stark difference is that any capital or income sought must be for the benefit of the child.
What Can You Apply For?
Schedule 1 applications can help with a range of practical needs, such as:
- Housing – You may be able to stay in the family home until the child is older or receive a lump sum to help you rehouse. The provision of housing would only be up to when the child reaches the age of 18, or potentially up to secondary or tertiary education.
- Private school fees – If your child was already in private education, the court can order your ex-partner to continue paying the fees.
- Lump sum (or sums)
- Additional maintenance – you can apply for a monthly “top-up” beyond what the Child Maintenance Service maximum assessment provides.
But that’s not all. At Consilia Legal, we’ve helped parents secure additional support such as:
- Buying a new car every few years to safely transport the child
- Paying for laptops or tablets for schoolwork
- Covering the cost of school trips, sports equipment and uniforms
- Funding furniture or renovations in the home where the child lives
- The repayment of debts
Can everyone apply?
Schedule 1 claims have historically been viewed as reserved for the wealthy, and to an extent this remains true in many cases. However, with the increasing number of couples choosing to cohabit as opposed to marry, there is an increasing focus for those couples with a more modest wealth to ensure that there are sufficient financial provisions for their children.
There are certain restrictions, including that you must have first obtained a CMS maximum assessment before you can pursue an order for top up maintenance or periodical payments.
Why Legal Advice Matters
Every case is different and the court will always focus on whether the capital and income sought is for the benefit of the child. Therefore, it is important that an application is prepared with a clear focus on what financial support is being pursued and why this will benefit the child, to provide you with the best prospects of success. These applications can be complex so it’s important to have the right legal advice from the start.
Our experienced family law team specialises in Schedule 1 claims, and they can discuss with you whether a Schedule 1 application is the right approach for you considering your specific circumstances.
Need Advice?
If you’re an unmarried parent looking for extra financial help from your ex-partner, we’re here to support you.
Call our friendly family law team for a free initial consultation on 0113 322 9222 or email enquiries@consilialegal.co.uk.