Legal rights and claims if you are separating and an unmarried parent

Many unmarried parents assume that if they split up from their partner, they will have the protection of the law as they are a parent of a young child.

Some people think their family law rights stem from the concept of common law marriage asthey assume their relationship has the status of a common law marriage either because they had a child with their partner and so are protected under children law or because of the years they lived with their cohabitee.

It is always hard for a family law solicitor to explain to a parent that an unmarried parent does not have the same rights and legal protections as a husband, wife or civil partner if their relationship breaks down.

Family law solicitor, Angelique Holm, can advise you on your legal rights and claims if you are separating and you are an unmarried parent.

For family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.

Your rights as an unmarried parent

Your rights as an unmarried parent are more limited than if you were married to the father or mother of your child.

You can claim:

Child support – if your child’s care is shared equally between you and the other parent then you may not be able to claim child support under the Child Maintenance Service rules. It is best to understand how child support works and how it is calculated by the Child Maintenance Service before you finalise your plans on where you and your child will live after your separation. No child support, or less child support than you anticipated, may mean you may struggle to afford a planned mortgage or rent in a preferred area in the Southeast. It is also helpful to know how the level of child support could change if the overnight parenting arrangements are altered so you can plan your finances
Housing – if you need help to rehouse your child after your separation you can ask the court to provide you with housing by making what is known as a Schedule 1 Children Act claim. The housing provision under Schedule 1 is not for life – just whilst your child is 18 or under or in secondary education
Lump sum payment – if you need a lump sum to pay for something for your child you can ask the court to make an order under Schedule 1 of the Children Act. The item must be needed for your child. The order will only be made if the expenditure is affordable after assessing your ex-partner’s income, reasonable outgoings, and any savings
Top-up child support – if the Child Maintenance Service makes a maximum child support assessment you can ask the court to order top-up child support if your ex-partner has sufficient extra disposable income to be able to afford to pay more in child maintenance
School fees – if your child is already being privately educated or if you think it is in your child’s best interests to go to a private school you can ask the court to make a school fee order to require the other parent to pay all or a proportion of your child’s private school fees. Whether the court will make a school fee order depends on your ex-partner’s income, their reasonable outgoings, and your child’s needs
Extra financial support if your child has a disability– if your child has a disability and there are extra costs associated with their disability you can ask the court to order that your ex-partner pays those costs. This type of order and financial contribution is in addition to any child support paid under the Child Maintenance Service rules

Schedule 1 housing claims

You may not need to bring a Schedule 1 housing claim if you are the joint owner of the family home or if you can claim a share in the equity in the family home using trust or property law rights as you have a beneficial interest in the property. These types of claims may mean you get a share or all the equity in the family home in your own right. You therefore have complete control over the money you are awarded and any house lived in is yours – you do not have to give the house back when your child turns 18 ( possibly until 21 if there are exceptional circumstances).

There are many situations where you are one half of an unmarried couple and you are not a joint legal owner of the family home and you cannot claim a non-legal beneficial interest in the family home under property or trust principles as you did not contribute towards the property. In that scenario, a Schedule 1 housing claim may be your best option.

If the court orders housing provision under Schedule 1 you get to stay in the family home or another property until your child reaches a specified age. When your child reaches that age you both must leave and control reverts to your ex-partner who can either move into the property or sell it and keep all the equity.

There are some cases where you may have got some equity out of the family home but not enough to rehouse yourself and your child even with a mortgage. In that situation, you might be able to negotiate staying in the family home or the purchase of a house but when the property is sold when your child is an adult you get a proportion of the equity based on the amount of your contribution to the house purchase.

Schedule 1 housing claims can be complicated as your ex-partner may say that they cannot afford two homes and mortgages or that if they are looking after the child 40% of the time it is only reasonable that any financial support acknowledges that they need to be able to afford to buy a comparable property to house themselves and the child during their parenting time.

Legal help if you are an unmarried parent

Navigating your way around your legal and family law rights as an unmarried parent is not easy, especially where your separation was fraught or if you have been unable to agree on the future parenting and contact arrangements for your child.

Angelique Holm can help you with advice on whether you should apply for a child arrangement order to sort out the residence and contact arrangements that work for you and your child or help you resolve your child support and Schedule 1 claims to enable you to plan for your new future.

For advice on resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.

Anita M

During one of the most difficult and overwhelmingly challenging time of my life, Angelique was the right kind of straight talking, to the point, and no nonsense, say it like it is kind of lawyer....the kind I needed in my corner. It was reassuring to have someone who understood what was fair and reasonable and fought for it with you. You will never need to follow up either via emails or calls. And she's just a call away anytime you need her. Can't recommend her enough.

Alan Samuel

I generally can not believe how stressful a divorce can actually be. But after years of anticipation I finally retained my life back thanks to the Hopeholm Family Law team, especially Angelique who guided me every step of the way through the mind field of processes and hoops to jump through - Thank you!

Rabil asad

I can’t thank Angelique enough for everything she’s done for me. From the very start she was calm, honest, and completely straight-forward — no sugar-coating, no false promises, just clear and realistic advice every step of the way. She guided me through one of the toughest times of my life with real professionalism and empathy. Angelique tells you things exactly as they are, but in a way that gives you confidence and direction. Her preparation, attention to detail, and dedication are second to none. Because of her guidance and hard work, I’ve now achieved a fair 50/50 outcome and peace of mind for my son’s future. If you want a solicitor who genuinely cares, fights for what’s right, and has a no-BS approach, Angelique is the one you want in your corner. — Rabil A

sue

I cannot thank Angelique enough for her support, advice and guidance throughout my divorce journey. Angelique was there to explain the legal jargon and what the next steps were along the way with emails, texts and phone calls. She always responded with compassion and understanding of the emotional rollercoaster I was on, I always felt she understood and that I was a person and not just a client. I was recommended Angelique and I too recommend her. Thank you again Angelique for your knowledge, support and guidance, its been a journey for us both!

Deepali Mehra

I had a great experience working with Angelique on renegotiating a financial consent order. She was approachable, clear, and responsive throughout — exactly what I needed during a process that could’ve been overwhelming. She helped me explore different options without pressure, and her explanations made everything easy to understand. We even managed to laugh along the way, which made a real difference. Highly recommend her for anyone wanting a solicitor who’s both professional and down-to-earth.

Jat Dhaliwal

Hopeholm helped me with my case over a year with numerous issues. Angelique provided prompt advice and service throughout. She has gone above and beyond for me and the end result was one I am happy with. Wholehearted recommendation from me for any family law matters.

Anonymous

Angelique (HopeHolm) is an exceptional solicitor with a heart of gold. Her dedication goes beyond just providing legal expertise—she truly cares about her clients and their families. Compassionate and understanding, she takes the time to listen, support, and fight for the best outcome. Her kindness, combined with her professionalism and knowledge, makes her not only a remarkable solicitor but also someone you can trust during the most challenging times. She isn’t just focused on the financial aspect but genuinely prioritizes the well-being of those she represents. Don't hesitate to instruct Angelique to be your solicitor, you won't regret it.

Elsa Franca

After being with other solicitors on my lengthy 3 years court case, I was recommended to Angelique by my barrister. She had to untangle my case which was quite complicated. She worked diligent and strenuously. In the end and for everyone's surprise, she was able to reach a settlement using her expertise, dedication and professionalism. She worked hours on end putting always my children's and my best interest at heart. I can't stress enough how helpful Angelique was! This case put so much financial, emotional and mental strain on me. Angelique was a God sent gift! She is not a common solicitor, she does make a difference! I most HIGHLY recommend her for her professionalism, honesty and unique desire to solve your case as much as you do! I am forever grateful to Angelique and I wish her all the very best in this world!

Fathiya Ali

I cannot thank Angelique enough for her unwavering support and relentless fight for my ongoing child custody case. From the very beginning, she has been more than just a solicitor—she has been a massive support during one of the most difficult times in my life. Her dedication has gone far beyond office hours. She truly cares, not just about my case but about me as a person. Her empathy and compassion are evident in every conversation, as she always checks in on me, listens to my worries—reassuring me throughout this process. Unlike any other solicitor, she provides a truly human experience, going above and beyond to ensure I feel supported and heard. I wholeheartedly recommend her to anyone in need of legal help—she is exceptional in every way.

Sunny Sharma

I strongly recommend Angelique Holm’s Solicitors firm, HopeHolm, for anyone seeking expert legal advice and representation. Her deep knowledge of divorce and family law is matched by her ability to explain complex legal concepts in a clear and approachable manner. Angelique took great care and time to understand my predicament and circumstances, particularly as it came as a sudden shock, but she was able to offer her expertise to achieve the best possible outcomes. Throughout my experience with Angelique, I was consistently impressed by her professionalism, responsiveness, and dedication. Her attention to detail, meticulous preparation, and ability to anticipate potential challenges gave me complete confidence in her abilities. Angelique also demonstrate great empathy and understanding, making the legal process less stressful and more manageable than it could have been in different circumstances. Whether you need advice, negotiation skills, or representation in court, Angelique offers unparalleled expertise and a client-focused approach that ensures you are in capable hands. I would not hesitate to recommend her to anyone in need of reliable and trustworthy legal support services. I am deeply grateful for Angelique & HopeHolm's dedication and advise in my contentious and laboured divorce procedure. Many thanks indeed Angelique.

Your rights as an unmarried parent

Schedule 1 housing claims

Legal help if you are an unmarried parent

How Child Maintenance and Contact Works: A Guide for Separating Parents

Can I Move Overseas with my Child After my Separation?

Prenuptial Agreements for Second Marriages

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Financial Consent Orders