The welfare of the children involved in a divorce is the top priority of any parent. If the parents are married then as part of divorce proceedings, the court will consider the welfare of the child(ren) in the division of matrimonial assets as part of financial settlement reached between the parties. For example, the court may wish to ensure the child(ren) housing needs are met and this can in some instances mean one party (usually the party with whom the child(ren) live) receiving more of the matrimonial assets to meet such requirement.
If the parties are unmarried, or the parties are wealthy or the child(ren) has a disability then a party can seek financial provision for child(ren) under Schedule 1 of the Children Act 1989. Such order will normally be in place until the child(ren) turn 18 or complete full time education or training. For example, private school fees, top up of child maintenance if a parents’ income exceeds maximum payable under the Child Maintenance Service.
Under Schedule 1 of the Children Act 1989 the kind of factors the court considers:
The type of orders the court will make are:
Funding should be considered at initial consultation with your solicitor as proceedings can take up to a year or more to resolve.