Financial remedy for cohabiting couples — Schedule 1 Children Act explained

REVIEWED BY: Sean McNamara on 2026-08-31

The gap in cohabitation law

Unmarried partners do not get the divorce financial-remedy machinery (spousal maintenance, pension sharing, clean break). But there is an important route for provision for the child: Schedule 1, Children Act 1989.

What Schedule 1 provides

Under Schedule 1 Children Act 1989, a parent (or the child through a representative) can apply for financial provision for the benefit of the child:

Periodical payments for the child's maintenance
Lump sums for the child's needs
Transfer/settlement of property to provide a home for the child
Variation of existing orders as circumstances change

The money can be substantial — the court can order a lump sum for housing so the child has a stable home, even though the parents weren't married.

Who can apply

Either parent (regardless of relationship status)
A guardian or person with a residence order
The child (through a litigation friend) in limited cases

The 'needs' basis

Unlike a divorce financial order (which divides assets fairly), Schedule 1 is needs-based and child-focused:

The court looks at the child's needs (housing, education, maintenance)
It is not a mechanism to share wealth between the adults
The carer typically receives support only so long as the child lives with them
The carer's lifestyle is usually not protected beyond the child's reasonable needs

How it compares to divorce financial remedy

| | Divorce financial remedy | Schedule 1 (unmarried) | |---|---|---| | Basis | Fair division of the whole pot | Child's needs | | Spousal maintenance | Yes (for you) | No (only for the child's benefit) | | Pension sharing | Yes | No | | Housing for the child | Yes (as part of overall division) | Yes (explicitly for the child) | | Clean break | Yes | Not applicable in the same way |

Practical notes

Apply on the relevant application form to the family court
Evidence: the child's needs, accommodation situation, and the other parent's means
A lump sum for a home is typically secured on the property (a charge) and may be recoverable when the child is older and the home sold
Legal aid may be available via the abuse gateway or with very low income

Official links

Schedule 1 CA 1989: https://www.legislation.gov.uk/ukpga/1989/41/schedule/1
Money and property: https://www.gov.uk/money-property-when-relationship-ends

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.