Prohibitive steps Order

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.)