Divorce and Special Needs: Jane Tenquist in Conversation with BBC Radio 5 Live

The conversation began by focusing on the core principle that must guide all decisions in these cases. The presenter asked Jane about the complexity of balancing divorce proceedings with the need to provide stability for a disabled child, noting that "you have to put what is best for the child at the centre of all of this."

Jane confirmed this is not just a moral duty, but a legal one. She explained:

"That's correct. And in fact, the Matrimonial Causes Act, section 25 says that the needs of the child are a paramount consideration when parties are sorting out their financial affairs on divorce."

She stressed the importance of identifying a child's complex needs early on, as significant practical issues often arise. Many families have spent considerable time and money adapting their home to meet their child's needs.

"In some cases, the house may have been adapted to care for the child," Jane noted. "There may be sort of a stairlift or special measures taken within the house... most people don't have the money to pay for two houses that are adapted."

This financial reality forces parents into difficult decisions about whether the family home should be sold or retained by the primary caregiver.

The discussion turned to the "nesting" arrangement, where the child remains in the family home while the parents take turns living there. The presenter asked if this was a common way to avoid the disruption and cost of re-adapting a new property.

While acknowledging the benefits, Jane offered a dose of legal and financial reality:

"Nesting arrangements can be arranged by agreement between parents. But no court is going to order parents to organise their financial affairs in that way. And for many couples, that sort of arrangement is just not financially feasible."

For most, the capital tied up in the family home is essential to provide separate housing for both parents after the divorce. Whilst nesting arrangements might provide a practical solution to childcare, a long-term nesting arrangement is unlikely to be in the best interests of the child. Parents would find themselves moving to and fro, living out of a suitcase, and they would find it difficult to retain a space for their private possessions to be stored safely and securely.

The conversation broadened, prompted by comments from Liberal Democrat leader Ed Davey and a listener, to address the 'cliff edge' of support that parents face when a disabled child transitions into adulthood. The listener, noted that "as soon as you move into adult services, the few rights disabled children receive, seem to disappear."

Jane explained how this looming challenge directly impacts divorce settlements. While courts have powers to order child maintenance, she warned:

"It's extremely rare that the courts will make maintenance orders for children beyond the age of 18. So you're looking at trying to get as much capital as you can on divorce so that the child is looked after."

This forward-thinking approach is vital. The divorce settlement is often the single opportunity to secure the necessary capital to ensure a disabled child’s needs are met for the rest of their life.

To listen to the full interview, please click here to access the episode at BBC Sounds: Radio 5 Live (2hr 45mins in) 

If you are facing a separation and have concerns about providing for a child with special educational or long-term care needs, it is essential to seek specialist legal advice. Our expert Family Law team has extensive experience in handling these complex and sensitive cases with the foresight they require.