The details of the recent case involving the children of Lauryn Goodman and Kyle Walker have been played out in the tabloids and on social media for all to comment. Quite understandably, it may seem arguing about hot tubs, bespoke stair gates and astro turf for a one year old future Lioness is reserved for the rich and famous and certainly seems a million miles away from everyday parenting struggles.
However, as the landscape of modern families evolves, an increasing number of children are born to unmarried parents. This shift necessitates a clear understanding of the legal provisions that safeguard the rights and responsibilities of these parents. Two significant legal frameworks in the UK that address these concerns are the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and Schedule 1 of the Children Act 1989. This blog provides a snapshot of these provisions and their implications for unmarried parents.
Trusts of Land and Appointment of Trustees Act 1996
TOLATA is a piece of legislation that primarily deals with property disputes. For unmarried parents, property issues often arise when a relationship ends, and both parties need clarity on their respective rights to the shared home.
Key provisions of TOLATA when dealing with property disputes for unmarried parents
- Declaration of Trust: TOLATA allows for a formal declaration of trust, specifying the beneficial ownership of the property. This is particularly useful for unmarried couples who purchase property together, as it clearly sets out each party's share.
- Right to Occupy: TOLATA can be invoked to determine the right to occupy the property. This provision is crucial when one partner wishes to remain in the home while the other does not.
- Sale and Distribution: When an unmarried couple separates, TOLATA can facilitate the sale of the property and the distribution of proceeds according to the agreed or declared shares. If there is a dispute, the court can intervene to decide the fairest course of action.
- Beneficial Interests: TOLATA allows the court to determine the beneficial interests in a property based on the common intention of the parties, or contributions made by both parties, even if one partner is not on the title deed. This can include financial contributions or other forms of investment in the property.
Schedule 1 of the Children Act 1989
While TOLATA primarily deals with property, Schedule 1 of the Children Act 1989 focuses on the financial provision for children. This legislation ensures that unmarried parents can secure financial support for their children, addressing the child's welfare and needs comprehensively.
The key provisions of Schedule 1 in relation to unmarried parents separating
- Financial Orders: Schedule 1 allows for financial orders to be made for the benefit of the child. This can include periodical payments, lump-sum payments, and settlements of property.
- Housing Needs: The court can order one parent to provide or pay for housing for the child and the parent with whom the child lives. This ensures that the child has a stable living environment post-separation.
- Educational and Other Expenses: Schedule 1 can also be used to secure funds for the child's education, extracurricular activities, and other essential expenses. This provision ensures that the child's standard of living and opportunities are maintained, as far as possible, despite the parents' separation.
What are the practical implications for unmarried parents on separation?
Navigating the complexities of TOLATA and Schedule 1 of the Children Act can be challenging, but understanding these provisions can significantly impact unmarried parents' legal and financial outcomes. Here are a few practical steps for unmarried parents:
- Formalise Agreements: Unmarried parents should formalise agreements regarding property ownership in a cohabitation agreement. This will prevent there from being any arguments and costly legal proceedings to ascertain the intention of the parties in respect of the ownership of a property during their relationship. Upon separation, always formalise any agreements in respect of property or financial support in a separation agreement. This can prevent any future disputes and provide clarity.
- Seek Legal Advice: Consulting with a legal professional can help unmarried parents understand their rights and obligations. This is particularly important when dealing with complex property and financial matters.
- Consider the Child's Best Interests: Both TOLATA and Schedule 1 are designed to prioritise the child's welfare. Parents should focus on ensuring that any agreements or court orders serve the best interests of the child.
If you require any assistance or are looking for advice in respect of the issues raised in this log or indeed any other do not hesitate to contact one of the family team at Roythornes.