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Under English family law, while a divorcing couple can achieve a final "clean break" regarding spousal maintenance and pension sharing, parents cannot contract out of child maintenance. The welfare of the child is paramount, and the state preserves the right to ensure parents contribute according to their ongoing financial ability.

Under Section 8(5) of the Child Support Act 1991, a court order dealing with child maintenance only bars an application to the Child Maintenance Service for exactly 12 months from the date the order was made.

A dangerous mistake made during divorce negotiations occurs when a paying parent transfers their share of the family home equity (e.g. £50,000) to the resident parent in exchange for an informal or drafted agreement that no monthly child maintenance will ever be sought.

Once 12 months elapse, the resident parent can legally approach the CMS. The CMS will assess child maintenance based on the paying parent's current gross income, with zero discount or credit given for the £50,000 equity surrendered. The court has very limited power to compel the return of the capital.

Where high-net-worth parents genuinely wish to pre-fund child maintenance, family solicitors use specialized trust structures, school fee orders, or deeds of covenant with indemnity clauses that hold capital in escrow rather than gifting equity outright.