Parents, both married and unmarried can make claims for financial provision for their children under the Schedule 1 Children Act 1989, although it is most commonly used in cases where the parents are not married. Those claims can deal with housing, capital such as lump sums, maintenance including school fees.

These claims are quite different to those dealt with by the court in the context of a divorce/dissolution in that the court is only concerned about the needs of the child and not the needs of the parent. They are complex proceedings and are often seen linked to cases involving disputes as to beneficial interests in the property known as TOLATA. 

The court can require each parent to provide detailed information about their financial positions. These are complex proceedings, which can be costly and we have advised on the merits of a number of these cases for both the applicant and responding parent. 


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