A very rare occurrence has happened in the family Courts! A Judge has made the decision to enable the public to be aware of various details of a case even though it involved a child. Normally family court proceedings involving a child would have to be kept as private as possible. Even where big cases involving children are published or reported on, the name of the child and parents involved are substitute with letters to try and protect their identities.
You may have seen in the news that a certain famous footballer has had to give a significant sum of money to a former partner which he has had two children with. The reason for making it public was also partly because the Judge had considered the former partner’s conduct around the litigation. The Judgment can be found through this link (https://www.bailii.org/ew/cases/EWFC/OJ/2024/212.html).
What makes the case uncommon, on top of the fact that privacy was uplifted, was the fact that it was a case in which a former partner was able to receive a significant sum from the other even though they were not married. The laws available to former partners, when compared to a married or civil partnership couple, are far more limited to seek a financial settlement/claim.
Many people will be aware that where a couple separate and have a child, one parent may be able to claim maintenance irrespective of whether they are married or not. In this particular case, the former partner utilised laws which can enable an unmarried parent to make a claim against the other parent on top of standard maintenance. This type of action is known as a schedule 1 claim.
What is a Schedule 1 Claim?
Whilst uncommonly used, this type of claim can be for a capital sum and/or an additional income sum for the benefit of a child. The claim should always be centred around the needs of a child. The claim could be for such things as a reasonable house to care for the child, a car to transport the child, paying private school fees etc.
The examples of things that could be claimed above is not an exhaustive list. Each child may have their own unique needs. The case that has been made public examples the wide range of provisions that a Court can order for a benefit of a child. It must however be considered in this case the father had a high net worth. If the other parent does not have the funds to be claimed against, there may be little merit is considering an application.
These types of claims remain complex and it is highly recommended that legal advice is taken before launching a claim of this nature. There are other laws available to unmarried couples to deal with division of a house/land which can be easier to try and negotiate matters outside of court.
Consultation
If you considering a schedule 1 claim, or require any assistance in respect of divorce, separation, financial or children’s matters, John Hodge Solicitors can offer a free initial consultation to discuss matters. The appointment can be held in person, over the phone or online.
Free initial consultations are subject to internal checks and availability.