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If you are an unmarried couple with children, it can be unclear what rights are attributed to you with regards to finances and child support. Married and unmarried couples do not have the same legal rights in the breakdown of a relationship. This becomes more apparent when children need to be provided for.
Should you and your partner separate, you need advice from genuine experts who have experience supporting unmarried couples with children.
Our child arrangement orders team have a wide range of skills when it comes to dealing with children and finances. Our solicitors pride themselves on their expert knowledge and practical approach which is required when dealing with financial provision for children.
Get in touch with our expert child support solicitors
You can contact us about child support in West Sussex and Hampshire at your local branch in Chichester, Fareham, Havant or Petworth.
Alternatively, you can fill in our online enquiry form and a member of our team will be in touch shortly.
How we can help with financial provisions for children of unmarried couples
Our child support solicitors can support clients with their needs relating to financial provisions for their children, including:
- Child Maintenance Agreements
- Applying for Child Maintenance Service Assessment
- Enforcing Child Maintenance Payments
- Applying for Financial Support under the Children Act 1989
- Periodical payments
- Lump sum payments
- Settlement of property
- Transfer of property - Trusts and financial planning for children
Frequently asked questions
Do you have to pay child maintenance if you are not married?
Both parents are legally responsible for paying child maintenance support, regardless of marital status. Due to this, the Child Maintenance Service (CMS) has created a framework to help calculate child maintenance payments and to ensure that both parents are making regular contributions.
Child maintenance arrangements can be made as a private matter between the two parents or via the CMS, depending on the specifics of the situation. If you feel that your ex-partner is not providing adequate financial support for your children then you can contact the CMS, who will help to rectify this.
Do unmarried fathers have to pay child support UK?
All fathers in the UK, unmarried or married, are legally obligated to pay child support apart from in very specific circumstances. This is because marital status does not affect a father’s financial responsibility for his child.
What happens when an unmarried couple with children split?
When a couple who are not married or in a civil partnership with children split up, the legal process differs from that of those who are married or in a civil partnership. The unmarried couple will not have to go through the formal process of divorce or civil partnership dissolution. However, with regard to any children involved, provisions will still need to be put in place to ensure the children’s overall well-being.
The main priorities in these cases will be those that regard the child arrangements, such as residence and financial support. Both parents will maintain legal rights and responsibilities towards their children, including financial responsibility.
Matters regarding property and the division of assets are best resolved through negation or mediation, however, they can also be resolved through litigation if the latter does not yield any productive results.
It is important to note that unmarried fathers may be required to acquire parental responsibility if they have not done so already, as unmarried couples are not granted the same instant rights as married couples. In these situations, it is highly recommended to speak to an experienced family solicitor who will be able to inform you of all of the complexities of this situation, as well as briefing you on all of the rights and responsibilities available to you.
What if my ex-partner refuses to pay child maintenance?
Should your ex-partner refuse to pay their child maintenance, you might take several steps to secure the child support you are entitled to. Whether you’re not married with children or are currently separated from a former cohabiting partner, your child retains the legal right to financial support.
An application to the Child Maintenance Service (CMS) will offer you a calculation over how much child maintenance should be arranged and how payments are to be collected and enforced where necessary. If the paying parent refuses to comply with their obligations, then the CMS may deduct money from their bank account or wages.
Whilst CMS covers regular maintenance payments, it could prove insufficient for covering costs such as housing or education, which is where you may need to make a legal claim for financial provision for children under Schedule 1 of the Children Act 1989. Our child support solicitors can advise on child support for unmarried couples and the wider financial rights of unmarried mothers or fathers who are parenting a child alone.
Can I claim additional financial support beyond child maintenance?
In some cases you can claim additional finances beyond the standard child maintenance sum. In particular, unmarried couples with children whose needs go beyond the typical coverage of child maintenance service might need further assistance.
Additional costs could cover childcare, school fees, housing, and other specific needs may make you eligible for an application to the court for financial provision for children. These legal opportunities are crucial for considering the long-term financial planning for unmarried couples.
Why choose Glanvilles for help with complex family financial disputes?
Recognition of our expertise
- We hold the Law Society’s Family Law Advanced accreditation
- Our team includes a member of Resolution, the expert family law group for family law solicitors committed to resolving disputes constructively and with minimal conflict
- We hold the Law Society’s Lexcel accreditation in recognition of our high standards of client care, compliance and practice management
- We hold the Law Society’s Wills and Inheritance Quality Scheme accreditation in recognition of our adherence to the Society’s best practice standards and the provision of quality Wills and estate administration advice
For more information on our services and expertise, see our family law solicitors page.
The Glanvilles’ client service promise
When you use our complex finances service, we promise:
- Our staff will be friendly, respectful and attentive.
- Your concerns will be listened to, your questions answered, and your options explained in plain English.
- The cost of dealing with your requirements will be made clear to you from the outset.
- We will answer your phone calls and emails promptly.
- We will keep you regularly updated at all times.
Get in touch with our expert child support solicitors
To get in touch with one of our friendly and professional solicitors, you can call one of our offices in Chichester, Fareham, Havant or Petworth or alternatively, you can email us at hello@glanvilles.co.uk.
You can also use our easy-to-use contact form and one of our staff will be in touch shortly. Our family law solicitors will be happy to answer any initial queries you may have.