Phillips v Peace [2004] EWHC 3180 (Fam)

Schedule 1: Relocation, relocation

Shantel Burbridge analyses the court’s approach to a Schedule 1 case in which the applicant sought a replacement property for the benefit of the children ‘The court found that the replacement of one property by another does not amount to a new settlement of property, rather it is simply the substitution of one property for …

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Cohabitants: Home truths

Mark Pawlowski summarises how a non-owning cohabitant can obtain capital provision under the Children Act 1989 ‘The practical effect of a settlement/transfer order made under Sch 1 is that, during the period of the children’s education, the house is held on trust for the non-owning party to the exclusion of the other party for the …

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Children Act 1989, Schedule 1: The cost of childcare

Rebecca Tarn sets out best practice for a successful Schedule 1 Children Act 1989 claim There appears to be some recognition that given that provision for a child only lasts during their dependency (at which time any property adjustment or settlement will revert to the respondent), the applicant should not be prohibited from making some …

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