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Unmarried Parties - Financial Provision for Children
Making financial provision for children in the event of the breakdown of the parents’ relationship is a complex area of law.
For unmarried couples, this is more so because they cannot use matrimonial legislation to obtain financial provision such as lump sums and transfer of houses to help them provide for their children. The Glanvilles Damant Family Law team have the wide experience, expert knowledge and practical skills required when dealing with children and finances.
If the parents cannot agree on what maintenance should be paid for their children, an application can be made to the Child Maintenance Service. The Service will calculate child maintenance based on gross income figures obtained from HMRC. The formula takes into account the number of children and the number of nights per week the children or child stays with the paying parent.
If additional financial assistance is required, an application can be made to the Court under Schedule 1 of the Children Act 1989.
The Court can make a wide range of orders including lump sum payments, regular payments to cover school fees and the settlement or transfer of property.
The Court will assess the financial resources of the parties following full disclosure of their assets and income. Any order made is for the benefit of the children so the focus is on the financial needs of the children or child rather than the parent.
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