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CA v DR (Schedule 1 Children Act 1989: Pension Claim) [2021] EWFC 21

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In CA v DR (Schedule 1 Children Act 1989: Pension Claim) [2021] EWFC 21 (24 February 2021), we highlighted a defect in the law whereby unmarried primary carers, typically mothers, ought to have provision for pensions where they are not working and able to get one for themselves. This creates a great hardship for women when it comes to retirement.

In this case, we were acting for an unmarried mother with regard to claims for financial support made against her extremely wealthy former partner on behalf of their child, including housing, maintenance (including a carer’s allowance for the mother) and education, as well as a pension provision for the mother to make up for the years she would be caring for the child.

Despite the deficiencies in the law around pension provisions for unmarried primary carers, we managed to secure an outstanding result for our client against thefather in the context of his lifestyle and wealth.

Identifying these gaps and inequities in the law, and in due course bringing about change, underpins how we work at Vardags and has been frequently demonstrated, for example in our work to bring legal recognition to prenuptial agreements in Radmacher (formerly Granatino) v Granatino (Rev 4) [2010] UKSC 42 (20 October 2010), our championing of no-fault divorce and our precedent-setting fertility work in Y v A Healthcare NHS Trust & Ors [2018] EWCOP 18 (02 August 2018).

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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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