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

The following Family practice 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?
  • Lump sums
  • Property
  • Matters to which the court is to have regard in making orders for financial relief
  • Examples of capital orders under Sch 1

This Practice Note provides guidance on the ability of the courts to make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989), including who may apply, the orders that may be made (including lump sum orders and the transfer or settlement of property) and the matters to which the court will have regard. It also details the relevant case law and examples of orders that the courts have made.

Introduction

In addition to periodical payments orders, the court may also make capital orders under ChA 1989, Sch 1. 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

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