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Family Law

The leading authority on all aspects of family law

24 MAY 2012

SCHEDULE 1 ORDER:DE v AB (Schedule 1 Order) [2010] EWHC 3792 (Fam)

(Family Division, Baron J, 30 November 2010)

 The unmarried parents had one child. Upon separation the mother sought financial provision for the child. She had debts of approximately £130,000. The father owned equity in his property of £358,000.

 The district judge made an order that the father should contribute £85,000 towards the mother's debts and provide a trust fund for the child of £250,000 to assist with the child's housing, resulting to the father once the child reached majority and ceased full-time education. The father appealed but paid 50% of the costs of a nanny and nursery fees, payments as assessed by the CSA and provided a lump sum of £40,000.

 Appeal allowed. The judge had failed to outline how the final figure had been reached although he had been entirely justified in making an award for a £250,000 trust fund for the child, however, the £85,000 had been excessive and left the father with nothing. Reducing the sum to be paid to the mother to £40,000 to allow the father a small deposit for housing for himself.

 

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