Capital provision under Schedule 1 to the Children Act 1989
Published by a LexisNexis Family expert
Practice notesCapital provision under Schedule 1 to the Children Act 1989
Published by a LexisNexis Family expert
Practice notes
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 (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 spouse 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 ChA 1989, Sch 1 may potentially be made,
Get your quote today and take step closer to being able to benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 36 practice areas
Get a LexisNexis quote
* denotes a required field
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Schedule 1 definition
What does Schedule 1 mean?
In the family law context, an application for financial provision in respect of a child under Schedule 1 to the Children Act 1989 for maintenance or capital provision.
CONTACT US
