Maria Scotland speaks to Hatti Suvari about child maintenance rights for unmarried parents on the Get Legally Speaking Podcast, 11 May 2026
In this episode of Get Legally Speaking, host Hatti Suvari is joined by Maria Scotland to unpack one of the most common and misunderstood questions in family law: can you claim child maintenance if you were never married?
Maria shares clear and practical insights into how child maintenance works in England and Wales, dispelling the widespread myth that unmarried parents have no financial rights. The discussion explains that child maintenance is a right belonging to the child, not the parents, and that both parents remain legally responsible for financial support regardless of their relationship status.
The episode explores how the Child Maintenance Service (CMS) operates in practice, including how payments are calculated, when parents can reach private agreements, and what steps can be taken if one parent refuses to contribute. Maria also discusses the circumstances in which the court can intervene under Schedule 1 of the Children Act 1989, including cases involving higher earners or additional financial needs such as education or disability.
The conversation highlights the persistent misconception of “common law marriage” and why its absence in English law can leave unmarried couples without broader financial claims, despite the protections available for children. Practical guidance is provided throughout, helping listeners understand their options, enforce their rights, and navigate what can often be an emotionally charged area of law.
This episode is essential listening for anyone navigating separation as an unmarried parent, offering clarity, reassurance, and straightforward legal knowledge in an accessible and jargon-free way.
To listen to the full episode, please click here.
Maria Scotland practices exclusively in family law with a specialism in high-end/ big money financial remedy applications and (private law) children work.
Maria is recognised in Spears' 500 Guide (2023 & 2024): as a Top Recommended Family Law Barrister within the exclusive guide. Maria is also an author at Spears', with her recent article on Divorcing in Dubai: Should wealthy Expats worry about new UAE family laws? can be accessed here. Maria is ranked in the Legal 500 and Chambers & Partners in family law (including divorce & financial remedy). She is one of the leading family law juniors and is the joint head of the Family Team at 5SAH.
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