Capital provision under Schedule 1 to the Children Act 1989
Capital provision under Schedule 1 to the Children Act 1989

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Capital provision under Schedule 1 to the Children Act 1989
  • Introduction
  • Who may apply?
  • What orders can be made by the court?
  • Matters to which the court is to have regard in making orders for financial relief
  • Examples of capital orders under Sch 1

Introduction

In addition to periodical payments orders, the court may also make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989). Such orders are most commonly made in relation to the children of cohabitants or former cohabitants. Spouses, former spouses, civil partners and former civil partners have the wider remedies available under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004). However, even where a former spouses or civil partner has compromised their own claims under MCA 1973 or CPA 2004, but not those of a child or children, an application under Sch 1 may potentially be made, as an adult compromise cannot oust the court’s jurisdiction to protect a child's financial situation.

With effect from 22 April 2014 the shortened financial remedy procedure applies to applications under Sch 1 in accordance with Chapter 5 of Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, (SI 2010/2955, 9.18–9.21A), however further amendments made by the Family Procedure (Amendment) Rules 2018, SI 2018/440 from 4 June 2018 provide that only an application for an order for periodical payments only under ChA 1989, Sch 1, paras 1(2)(a)–(b), 2(2)(a) and 9 will be dealt with under the shortened procedure (now called the ‘fast-track’) on or after that date. An application for a capital order