Financial Provision for Children

If you are separating or divorcing, how do you make sure your children are provided for?

If you are married, financial support for your children is usually dealt with in the divorce settlement. If you agree on child maintenance, you can include this agreement in a Consent Order in the divorce. If not, you will need to apply to the Child Maintenance Service.

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However, if you are not married and there are dependent children from the relationship, you might need to apply to Court for Financial Orders for the children under Schedule 1 of the Children Act.

The Court can make Orders for the payment of lump sums or the provision of a property for the benefit of your children.  If one parent lives abroad or you have a child with a disability, the Court may also be able to make Child Maintenance Orders even if you cannot agree on child maintenance.

Often, if one unmarried parent makes a claim for the sale of the family home, the other parent will need to apply for financial provision for children under Schedule 1 of the Children Act to ensure that the children do not lose their home.  Our expert lawyers can advise you on whether or not you might have such a claim and guide you through the process either to negotiate a settlement or through Court proceedings.

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Family Team

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Jessica Thrower

Jessica is the Head of Family and has specialised in family law throughout her career

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Jaspreet Burrha

Jaspreet is an Associate Solicitor in our Family team
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