Financial Provision for Children

Although unmarried couples do not have the same legal obligations towards one another as their married counterparts, an unmarried parent may be able to make claims for financial provision under Schedule 1 of the Children Act 1989 for the benefit of any children of the relationship.

Financial assistance for children

As an unmarried parent of a child, you may be able to obtain financial assistance from the other parent for the benefit of your child under Schedule 1 of the Children Act 1989. The court has the power to make financial orders for the benefit of a child to include:

• A lump sum to meet the costs of certain expenses and items for the child;
• Additional maintenance for specific child related expenses (such as school fees or in connection with any disability of the child)
• A transfer of property or for a property to be held on trust for the benefit of a child until a future triggering event (such as the child attaining their majority or completing full-time secondary education)
• Child maintenance where the non-resident parent’s income exceeds the CMS limit (i.e. ‘top-up’ payments) or they live outside of the UK.

When considering applications for financial assistance for the benefit of a child, the court will consider a number of factors to include each parents’ financial position and their ability to meet any financial needs of the child.

Our expert family lawyers have considerable experience in dealing with all aspects of separation and matters concerning children. We can offer high-quality advice in a sensitive and client-focused manner whilst focusing on what is in the best interests of your children.