Millie Parkes (Student)

In a recent case a 41-year-old qualified solicitor, was denied continued access to his parents’ funding due to their relationship deteriorating.

Although judges have powers to order parents to provide financial support based on laws regarding marriage and children, in this case, the judge found there was no case in this instance. Sir James Munby, the Judge on this case described the case as ‘most unusual’ and ‘unprecedented’ to his knowledge.

The Claimant is said to have a degree in modern history, a master’s degree in taxation and is a qualified solicitor. This evidently intelligent man has however been unemployed since 2011 due to ‘various difficulties and mental health disabilities.’ In light of this, his parents, who were very wealthy, provided him with financial assistance allowing him to reside in a Central London flat that they own, and paid for some of his bills The man claimed that his parents had “nurtured his dependency”.

The man’s appeal was rejected by the courts on the basis that an adult child ‘should not be able to take his parents to court to obtain finance.’ It was argued that provisions in the Matrimonial Causes Act 1973, the Children Act 1989 and under human rights law allowed payments to support young children and sometimes adults if they are still in education or if they had special circumstances including a disability. The court said this did not apply in this case.

This court found that these provisions could only be applied when a court order for financial support had already been made when the child was young, and when the parents are not living with each other – which was not the case for the man.

Staffordshire University Legal Advice Clinic (SULAC) offers free legal advice on all financial matters relating to children and divorce SULAC is currently offering appointments online via Microsoft Teams due to the global pandemic. For more information, or to book an appointment please contact: SULAC@staffs.ac.uk or call on 01782 294800.