Q&As

Child's Housing Needs in Divorce: Non-Family Child Consideration

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk

Published on: 08 August 2023

Where a party to divorce proceedings has a child from a previous relationship who is not a child of the family in relation to the marriage that is the subject of the proceedings, will that child be taken into account as to the assessment of that party's housing needs?

Section 25(1) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the first consideration of the court when deciding whether to exercise its powers under MCA 1973, ss 23, 24, 24A, 24B and 24E and, if so, in what manner, is the welfare while a minor of any ‘child of the family’ who has not attained the age of 18.

MCA 1973, s 52(1) defines a ‘child of the family’ as a child of both the parties or any other child, not being a child placed with the parties as foster parents, who has been treated by both the parties as a child of their family. In the event a dispute arises as to whether a child was indeed treated as a child of the family,

Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.