Schedule 1 Children Act 1989: Family Court Accountant UK
What Is a Schedule 1 Claim?
Schedule 1 of the Children Act 1989 allows unmarried parents (and in some cases parents who were never in a relationship) to apply to the court for financial provision for their children, including lump sum payments, property transfer orders, and periodical payments. The applicant parent (usually the primary carer) seeks financial support from the respondent parent, typically a higher earner.
When Is a Family Court Accountant Needed in Schedule 1?
- Schedule 1 Children Act 1989 applications can involve complex financial questions, particularly where the respondent parent is a high earner, business owner, or has complex assets, requiring expert valuations and disclosure processes.
- Common accounting issues include business income assessment (what is truly available for child support), business valuation for capital provision calculation, lifestyle analysis to establish the standard of living to which the child should be accustomed, and hidden income investigation where the respondent controls their own earnings.
Schedule 1 vs Divorce Financial Remedy: Key Differences
| Feature | Financial Remedy (Divorce) | Schedule 1 |
|---|---|---|
| Married? | Yes | No |
| Framework | MCA 1973, FPR | CA 1989 Sch 1, FPR |
| Asset division | Full matrimonial pot | Provision for child only |
| Costs position | Each party usually bears own | Different costs rules |
| Primary purpose | Fair division | Child's needs |
Frequently asked questions
- Can I make a Schedule 1 claim if we were never married?
- Yes. Schedule 1 is specifically designed for unmarried parents. Unlike financial remedy (which requires marriage or civil partnership), Schedule 1 applies where there is a child of both parents regardless of whether the parents were ever in a formal relationship.
- Does Schedule 1 cover property transfer?
- Yes. Courts can order a lump sum payment, settlement or transfer of property, or periodical payments for the benefit of a child. Property orders under Schedule 1 typically revert to the payer when the child reaches adulthood or finishes education. Family court accountants assess the capital and income available to fund such orders.
Learn more about the process in how a family court accountant works, or contact us to discuss your case.
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