There has been much press-coverage on the government’s failure to address the vastly inferior rights of unmarried couples on separation compared to those of divorcing couples. The myth of the “common law wife” is becoming more widely known and petitions for greater security for unmarried couples are gaining traction. Cohabitees have very limited claims on separation, regardless of the length of their relationship and the extent to which they relied on their former partner for financial support.

However, the law does not leave unmarried parents completely high and dry as there is a separate body of law (Schedule 1 of the Children Act 1989) which allow financial claims to be made for the benefit of children. Marriage is a declining tradition and there are an increasing number of unmarried couples having children, so this legislation is really important. However, very few parents are aware these rights exist.

Schedule 1 enables claims to be made by the following categories of persons (for ease, this article will focus on parents):

  • A parent
  • A guardian
  • A special guardian
  • A person named in a child arrangements order as someone the child lives with
  • A child who is at least 18 years old and is pursing education or training, or if there are special circumstances

Schedule 1 enables a parent to make a claim for financial provision for the benefit of the child(ren) from the other parent to include:

  • The transfer or ownership or settlement on trust of property to meet the child(ren)’s housing needs
  • Lump sums to cover capital needs (e.g. a car)
  • Child maintenance (although the Child Maintenance Service has primary jurisdiction to deal with this, there are circumstances that allow the court to make “top up” orders in relation to income)
  • Interim financial provision which can cover legal costs associated with the schedule 1 process (as well as other proceedings in the child’s best interest)

To enable the need for financial provision to be determined, together with the affordability for the paying parent, the resources of both parents will need to be assessed.

Some of the above claims can be made more than once. However, at the time of writing, a claim in relation to property/housing may only be made once so it is important that appropriate advice is sought early to ensure the best outcome for all.

 

Our family law team advises families across the South West on the best solutions for them. If you would like to get in touch with the team to discuss your rights as unmarried parents, you can contact us by telephone on 0345 450 5558 or email enquiries@stephens-scown.co.uk.