A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Prohibitive steps Order

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
11 Aug 12 #348780 by Fiona
Reply from Fiona
Schedule 1 applications are for financial provision for children and can be in addition to financial provision for a spouse under Matrimonial Causes Act 1973. You would really need to discuss your best option with your solicitor.

The overall circumstances are relevant. With all maintenance the consideration is the needs of one party (child or parent) and the ability of the other to pay maintenance. If the capital settlement is in favour of the parent with the majority of care the other spouse is likely to need a larger mortgage to leave them on a similar footing. A larger mortgage means there would be larger monthly payments leaving the payer of maintenance less disposable cash with which to pay the maintenance. If the payer pays SM it leaves less available to pay school fees and vice versa.

Spouse maintenance needs to be included in the divorce settlement otherwise the claims between the spouses are dismissed and no further applications can be made for SM. Claims for children can''t be dismissed and a Schedule 1 application can be made whilst the child is under 18 (and sometimes later.)

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.