Chan, Leon Vincent Chun Kit; (2025) Demanding Parental Obligation in Financial Provision: Situating the Best Interests of the Child in the Division of Matrimonial Assets. Doctoral thesis (Ph.D), UCL (University College London).

Text Leon Vincent Chan's PhD Thesis.pdf - Accepted Version Access restricted to UCL open access staff until 1 January 2028. Download (5MB)

Abstract

At the end of a marriage, child support is the primary and most direct way by which parents provide financially for their child; at best, the division of matrimonial assets provides for the child’s welfare indirectly. This is usually insufficient and/or difficult to enforce against payor parents for many reasons, including new liabilities. Therefore, this thesis proposes a new approach to financial provision for the child. This new theoretical framework for the division of matrimonial assets is based on the child’s best interests, which entitles them to a share of their parents’ assets. To establish this new basis, I first consider the dominant legal theories and moral philosophies to explore the justifications for parental obligation, and why such obligation should be exercised in the child’s best interests. Illustrated using the law in England and Wales, and Singapore, I critically examine what constitutes the child’s welfare, and how it should be promoted and protected. I then consider the extent to which current approaches to financial provision for children after divorce meets these requirements. Drawing on this previously-unexplored link between parental obligation and financial remedies, I argue that the child’s best interests can be situated in the financial provision by parents, in turn, entitling them to a share from their parents’ division of matrimonial assets. In this regard, I suggest three justifications for this new basis for division: an entitlement based on the parent-child relationship, the demands of parental obligation, and the child’s needs. Guided by this approach, I propose the creation of a new Child-Centric Stage that provides the child with a starting point of a 10% share of the matrimonial assets, subject to variation if in their welfare. While concerns regarding its implementation exist, these are not insurmountable. Ultimately, my proposed framework strengthens the protection of the child’s best interests.

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