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United Kingdom
United Kingdom
Key definition
Schedule 1 definition What does Schedule 1 mean? In family practice, “Schedule 1” refers to court applications for financial provision for a child under Schedule 1 to the Children Act 1989. It is a legislative regime used to secure child maintenance and capital provision where appropriate. Key features include orders for periodical payments (maintenance), secured periodical payments, lump sums (for defined expenses), and settlement or transfer of property to meet a child’s housing needs (typically with reversion when the child reaches majority or completes education). Applicants commonly include a parent, guardian or person with whom the child lives; in limited cases an adult child (for example, in...
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Schedule 1 Children Act 1989 capital orders: jurisdiction, who may apply, lump sums, property transfer and settlement, leases and mortgages, factors and case law (England and Wales)
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Practice notes
This PrACTice Note outlines how the courts may exercise their powers to make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989). It explains who is eligible to apply, the types of orders available (such as lump sums and the transfer or settlement of property) and the considerations the court will address and the factors guiding judicial discretion. It also summarises key authorities and illustrates the range of orders previously granted by the courts, with practical examples of orders.
Introduction
Beyond periodical payments orders, the court is empowered to make capital orders under ChA 1989, Sch 1. These orders most often concern the children of cohabitants or former cohabitants. Spouses, former spouses, civil partners and former civil partners have broader remedies under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004). Nevertheless, where a former spouse or civil partner has settled their personal claims under MCA 1973 or CPA 2004, but not those of a child, an application may still be pursued under ChA 1989, Sch 1, since an adult’s compromise cannot displace the court’s jurisdiction to safeguard a child’s financial position...
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Web page updated on 21/05/2026
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