Schedule 1 of the Children Act 1989 allows the Family Court to make financial provision for a child. It is particularly important where parents were not married and one parent has substantially greater resources, although the jurisdiction is not limited to wealthy families.
A Schedule 1 claim is for the benefit of the child, not a substitute for divorce-style sharing between adults. The court may address housing, lump sums, school fees and, in defined circumstances, ongoing maintenance.
Preston Redman gives clear early advice about the sensible limits of a claim, coordinates it with Child Maintenance Service and property issues, and keeps the child’s needs at the centre.
How Preston Redman Approaches Financial Claims for Children (Schedule 1 Applications)
The law for unmarried couples is very different from divorce law.
There is no broad discretion to redistribute assets simply because an outcome appears fair, and there is no legal status of “common law spouse” in England and Wales. We explain that distinction at the beginning, because understanding the correct framework reduces fear and prevents time being spent pursuing remedies that do not exist.
Preston Redman gives straight answers as early as the evidence permits. We identify the legal ownership, any beneficial interests, the relevant agreements and the needs of children. We then give an early view of the likely outcome, the evidence required and the most proportionate route to resolution.
- A clear early assessment of legal and beneficial ownership
- A focused plan for gathering documents and witness evidence
- Advice on TOLATA, contract, trust and proprietary estoppel claims
- Separate consideration of Schedule 1 claims for children
- Realistic advice about costs and civil litigation risk
- Negotiation and mediation before positions become entrenched
- Joined-up family, property and dispute-resolution expertise
Frequently Asked Questions
What orders can the court make?
Periodical or secured periodical payments in cases within its jurisdictionLump sums for specified child-related expensesTransfer of property for a child’s benefitSettlement of property for a childSchool-fee and disability-related provision
Who can apply?
A parent, guardian, special guardian, or a person named in a child arrangements order as someone with whom the child lives may apply in accordance with Schedule 1. In some circumstances, an adult child may apply personally.
How does Schedule 1 interact with the CMS?
The CMS usually has primary jurisdiction over ordinary periodic child maintenance. The court retains powers in particular circumstances, including high-income top-up cases after the relevant CMS assessment, school fees, disability expenses and some international cases.
Can the court provide a home?
Yes. The court may transfer or settle property to house a child and primary carer. A common structure gives occupation during the child’s dependency, after which the property reverts to the providing parent. Outright transfer is possible but less usual and depends on all resources and needs.
Can a parent receive a lump sum?
Yes, for the child’s benefit. Claims may concern furniture, vehicles, education, disability needs, equipment or other capital expenses. Repeat applications are possible within statutory limits, but the court examines prior provision.
What factors does the court consider?
The court considers each parent’s income, earning capacity, property and resources; needs, obligations and responsibilities; the child’s financial needs; any disability; and how the child was or was expected to be educated.
Does the child share the wealthier parent’s lifestyle?
The court can consider the standard of living and resources available. Provision is not confined to bare subsistence, particularly where wealth is substantial, but the purpose remains meeting the child’s reasonable needs rather than transferring wealth between adults.
Can legal costs be funded?
In appropriate cases, a legal services order may assist an applicant who cannot reasonably secure representation through their own resources or borrowing. The statutory tests and evidence are detailed.
What disclosure is required?
Income, tax returns and business accountsProperty, investments and liabilitiesHousing needs and mortgage capacityThe child’s budget and educational costsCMS calculations and payment historyTrust, company and international interestsEvidence of disability or exceptional need
How long can orders last?
Duration depends on the order and child’s circumstances. Periodical payments often link to age and education, while housing provision may end after dependency and revert. The drafting should define trigger events clearly.
Can orders be varied?
Periodical payments may be varied or discharged. Property and lump-sum orders involve different principles. Major changes in resources, needs or care may justify advice, but not every change reopens capital provision.
What happens at the beginning?
We calculate the ordinary CMS position, identify any jurisdiction for additional relief, assess housing and child-specific needs, and give an early realistic range.
How can claims settle?
Negotiation, mediation and private FDR can address housing, maintenance, school fees and capital together. Any settlement should explain ownership, reversion, outgoings, review and enforcement.
When is court required?
Proceedings may be needed where resources are disputed, housing is urgent, disclosure is inadequate or the parents disagree fundamentally. The child’s welfare and proportionality remain central.
Why choose Preston Redman?
Preston Redman brings together specialist family law, property and civil litigation experience. That matters because disputes between unmarried couples can fall under several different legal frameworks and may be governed by the Civil Procedure Rules rather than the Family Procedure Rules.
Our approach is candid and educational. We explain not only what the law says, but why particular evidence matters, what the other party may argue and what a sensible settlement might look like. Clients should understand their case rather than feel lost inside a technical process.
We recognise that the legal rules can feel harsh after a long relationship. Our advice is delivered with care and empathy, while remaining realistic about the remedies available, the cost of proceedings and the importance of protecting children from adult financial conflict. Contact us today.
Please note that all content on our website is subject to the terms of our disclaimer.
