Financial provision for children on divorce/separation/dissolution.

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  • Financial provision for children
    • Court has limited powers.
    • S25 and Sch 1 CA 1989 app can be made for financial order.
      • Who can apply?  Parent or civil partner re child of a family, someone with residence order or child if over 18.
      • Court can make orders subject to CSA 1991 for periodical payments or lump sums and to settle and transfer property.
    • If parents married, can apply during financial proceedings.
      • If unmarried, can apply but has to be for children, not partner.
        • Untitled
    • Re P (Financial Provision) [2003] gave clear guidance.  Where H very wealthy, ordered home plus fund etc.
    • K v K (Minors: Property Transfer) [1992] - council tenancy transferred to mum for benefit of children.

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