01
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Co-parenting
Financial provision for children
If you have children and you are unmarried, Schedule 1 of the Children Act 1989 enables you to apply to the family court for financial provision on your children's behalf. These are known as Schedule 1 claims, and they exist alongside, not instead of, the Child Maintenance Service (CMS).
Schedule 1 at a glance
- Jurisdiction
- We advise on the law in England & Wales
- Typical timeframe
- 4-6 months, but can be quicker depending on your financial situation
- Fees
- Our fixed fees are agreed before you commit, and depend on the complexity of your situation and seniority of the barrister needed to advise, not your net worth. Our average fee is £13,500.
- Who hears the advice
- Both of you, from one expert and impartial barrister you have both chosen. You can meet in person or online as you prefer.
What is a Schedule 1 claim?
Schedule 1 of the Children Act 1989 allows an unmarried parent to apply for financial provision for their child from the other parent. Other adults with care of a child may also be able to apply, as can adult children themselves. It’s a separate legal route from the financial claims married couples are entitled to make against each other on divorce.
Does the Family Court deal with child maintenance?
Not usually. With certain exceptions, ongoing child maintenance is dealt with administratively by the Child Maintenance Service (CMS), not the Family Court. Either parent can apply to the CMS for a maintenance assessment.
The Family Court does retain a limited jurisdiction to order child maintenance under section 8 of the Child Support Act 1991. The most significant of these is the “top-up” jurisdiction: where the CMS has assessed the paying parent’s income at the maximum it can consider, currently gross annual income exceeding £156,000, the Family Court can order child maintenance.
What can a Schedule 1 claim include?
Depending on your situation, a Schedule 1 claim may include providing a home for your child, and their main carer, during your child’s minority, lump sum payments, school fees orders and in some cases maintenance payments.
Financial provision under Schedule 1 doesn’t continue past a child’s 18th birthday, unless they’re in tertiary education or another special circumstance applies, such as a disability. Where a property has been provided for a child’s benefit during their childhood, it’s usually returned to the paying parent once the child is 18 or ceases full time tertiary education.
What does the court consider?
When deciding whether to make an order, and what it should include, the court looks at all the circumstances, including:
- The income, earning capacity, property, and other financial resources each parent has now or is likely to have.
- The financial needs, obligations, and responsibilities each parent has now or is likely to have.
- The child’s financial needs.
- The child’s own income, earning capacity, property, and financial resources, if any.
- Any physical or mental disability the child has.
- How the child is being, or is expected to be, educated or trained.
What happens next?
02
Introductory Session
You each spend 45 mins individually with one of our solicitors, exploring your situation and the legal process. A fixed fee quote is then shared with you both.
£200 total, deducted from your fixed fee if you proceed
03
Financial Disclosure
Your shared solicitor supports you both to complete a Form E or Form E1 (as needed), so everything is fully and transparently on the table. Most couples take 4-6 weeks, working at their own pace.
In your fixed fee
04
Disclosure Session
You meet your barrister together, who analyses your disclosure, ensuring the full picture emerges before the Advice Session.
In your fixed fee
05
Advice Session
Your barrister tells you both, together, what a court would be likely to order in your situation. This is followed by detailed written advice.
In your fixed fee
06
Order Drafting
We turn your financial agreement into a legally binding court order and handle the paperwork.
No court attendance needed.
Fixed fee, quoted separately
Frequently Asked Questions
Is a Schedule 1 claim appropriate if we have children and are married?
No. If you are married you will have financial claims which include your children's financial needs pursuant to the Matrimonial Causes Act 1973 and you should refer to our Resolving your finances service. Schedule 1 enables unmarried parents to bring financial claims on behalf of their children.
Does a Schedule 1 claim replace child maintenance?
No. Routine child maintenance is usually handled by the Child Maintenance Service, not the Family Court. A Schedule 1 claim covers different ground, generally capital provision, school fees or housing for the child, and only extends to ongoing maintenance in specific circumstances, such as maximum assessment cases.
Does financial provision under Schedule 1 last until my child is an adult?
It doesn't automatically continue past your child's 18th birthday. It can continue if your child is in tertiary education, or where another special circumstance applies, such as disability.
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