UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947 is one of only a handful of Schedule 1 cases to have made it to the Court of Appeal since Re P (Child: Financial Provision) [2003] EWCA Civ 837 and it is of great significance both in terms of the legal principles it analyses and the practical impact it will have for family practitioners specialising in this area.
The Court of Appeal held that it would be inconsistent with the purpose of the statutory scheme, and wording of Sch 1, if the court did not have the power to make a settlement of property order for the benefit of a person who would be over 18 when it took effect; however, protecting the children from the financial pressure or ‘manipulation’ the appellant might exert had not come within the scope of an ‘exceptional’ circumstance which would have justified making an outright capital award in favour of an adult child.
ND v GD (Financial Remedies) [2021] EWFC 53 familylaw.co.uk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from familylaw.co.uk Daily Mail and Mail on Sunday newspapers.