Orders for financial relief against parents
Provisions apply to all parents
Married parents and civil partners will not need to use them because of ancillary relief jurisdiction under the MCA 1973.
Using these provisions is becoming more common among cohabiting couples. Applications under Schedule 1 can enable the court to:
Not usually an outright transfer of capital asset – but until child is no longer of a minority age or full-time education
Disadvantages of using this method:
The primary carer is at delayed risk of poverty
What will happen to the primary carer, when the child is no longer in a minority?
Maybe rendered homeless – but will not be classed as a priority as no dependent children, capital to start again?
Using this act fails to deal with the hardship experienced by the primary carer
Bridge, Cohabitation: Why legislative reform is necessary, [2007] Fam Law 911
D. Should the law treat cohabiting couples the same?
Herring looks at several different perspectives on this:
Does the state benefit from cohabitation to the same extent as marriage civil partnership?
