Unmarried and Separated: A Guide to TOLATA and Schedule 1

The separation of unmarried couples often raises questions about what legal claims are available to address property disputes and financial support for children. These issues are not just relevant to celebrities but can affect anyone in a cohabiting or parenting relationship outside of marriage. Two key legal frameworks often come into play: TOLATA (Trusts of Land and Appointment of Trustees Act 1996) and Schedule 1 of the Children Act 1989.

TOLATA: Resolving Property Disputes

TOLATA deals with disagreements over the ownership of property or land. This law applies whether property is jointly owned or held in the name of one party. In cases where both names are on the title deeds, disputes are less common. However, if one party’s name is missing or the title deeds don’t reflect the intended ownership arrangement, legal intervention may be necessary.

Key factors influencing property ownership disputes include:

Financial contributions made towards the property.
Agreements or promises made regarding ownership.
The specific circumstances of the relationship.

Given the complexities involved in TOLATA claims, legal advice is often essential to determine rights and resolve disputes effectively. Cohabitation Agreements are a consideration and beneficial if one is in place when faced with a property dispute.

Schedule 1 of the Children Act 1989: Financial Provision for Children

Schedule 1 enables the family court to make financial provisions for children when their parents are unmarried. These claims are typically brought by the parent with whom the child lives and can cover:

Housing costs.
Lump sums for major expenses such as education, cars, or disability needs.
Additional child maintenance (‘top-up’ maintenance) for high earners earning over £3,000 per week.

The court considers several factors when making these decisions, including:

The income and earning capacity of each parent.
Financial obligations and resources, both current and future.
The specific financial needs of the child.

An important principle of Schedule 1 is that a child’s upbringing should reflect the wealthier parent’s standard of living, ensuring that claims are not limited to those involving extremely high earners.

However, it is worth noting that property provided to meet the child’s housing needs usually reverts to the wealthier parent once the child reaches adulthood. Relationship breakdown is always difficult when the needs of children are to be considered and ensuring the best possible Arrangements for Children will always be the priority.

Trends and Legislative Reform

With the number of children born to unmarried parents rising and earning capacities increasing, Schedule 1 claims are becoming more common. Despite calls for reform to better address the needs of cohabiting and unmarried couples, no significant changes to the law have been enacted. Tools like TOLATA and Schedule 1 remain the primary legal remedies for these cases.

Seeking Legal Advice – TOLATA and Schedule 1 Claims

Both TOLATA and Schedule 1 claims can be complex and highly fact-specific. Specialist legal advice is often essential to manage these matters effectively. If you require assistance, please contact a member of the Family Law team or submit an enquiry:

Helen Davies