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There are a range of court orders available under Schedule 1 of the Children Act 1989 which protect the interests of children whose parents are unmarried, such as:

“Top up” child maintenance

If the paying parent’s gross income is more than £3000 per week, you will need to apply for a maximum assessment to the CMS, and then apply under Schedule 1 of the Children Act 1989 for a “top up” child maintenance order.

It may be possible for children in university education to make applications in their own right under Schedule 1 for financial assistance for university expenses.(These orders protect children whose parents are married or unmarried.)

If the paying parent’s income is below £3000 gross per week, you will need to agree the level of child maintenance payable with the paying parent directly after referring to the child maintenance calculator available at https://www.gov.uk/calculate-your-child-maintenance. If you are unable to agree the right level of child maintenance payable, you will need to apply to the Child Maintenance Service for an assessment. Details of how to make an application are available at  https://www.gov.uk/child-maintenance/how-to-apply.

Lump sum payments

This can include payments to renovate and adapt a house, provision for a car or for another specific item. There can be multiple applications. You are not limited to making one single application

School fees order

You can apply for the other parent to pay your child’s school fees.

Transfer of property/ Settlement of property

You can apply for an order for housing provision for yourself and your child. You are limited to one single application. Usually, the property is not transferred outright to you, but you are provided with rent free housing during the child’s minority. Generally, the house reverts back to the other parent, once the child reaches majority.

Legal fees

You are able to apply for an order for costs against the other parent. This assists those parents who have no other means to pursue claim.

What will the court look at when assessing your claim?

  1. The financial needs of your child;
  2. The income and earning capacity (if any), property and other financial resources of your child;
  3. Any physical or mental disability of your child;
  4. How you, as parents, intended to educate your child;
  5. Each of your respective earning capacities, property and other financial resources; and
  6. Each of your respective current and future financial needs, obligations and responsibilities

In addition to your potential claims under Schedule 1 of the Children Act 1989, you may also have a potential claim against your ex- partner for capital provision under The Trust of Land & Appointment of Trustees Act 1996. Further information is available at Property Rights for Unmarried Couples

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Our Approach & Our Experience

We understand that not seeing your child everyday is one of the hardest things about separation.

Our specialist solicitors can support and advise you as to your practical and legal options, tailored to your circumstances, as we know that every family is different. 

 

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Our Promise & Core Values

Our Promise

The Myerson Promise - Our Partners, team of lawyers and support staff commit to giving our clients more.

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To always give you clear, jargon-free advice.
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To be completely transparent about our fees from the outset.
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Progress every matter in an efficient and timely matter.

Our Core Values

Our core values are at the centre of everything we do.

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We are always professional but ensure that we are friendly and approachable.
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We are determined and enthusiastic about supporting our clients and our people.
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We willingly take responsibility and can be relied on to be commercial, effective and efficient.

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Jane Tenquist

Jane Tenquist

Jane is a Partner and Head of the Family Law Team

Nichola Bright

Nichola Bright

Nichola is a senior solicitor in our Family Law department

Emily Barcilon

Emily Barcilon

Emily is a Solicitor in our Family department

Gemma Symons

Gemma Symons

Gemma is a Trainee Solicitor within our Family & Wills, Trusts and Probate department

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