Who pays the school fees? - Divorce in the UK

Separation can make private school fees a financial flashpoint. If parents can’t agree on how these costs are shared, the courts can step in with a school fees order – requiring one parent to pay all or part of a child’s education costs.

When a couple is going through a divorce, just like the family itself, the family’s finances need to adjust to the new circumstances arising from separation. This can mean that, for a while at least, money can feel as though it is spread a bit too thinly. For some families, the financial impact of transitioning from one to two households will mean that sacrifices need to be made, and luxuries which were previously enjoyed may need to be cut back or halted altogether.

Unfortunately, for many families private school fees are one of the expenses which can become difficult to sustain. Schooling in general can be a tricky issue, as any decisions about schooling – including changing schools – must be made with the consent of all parties who have parental responsibility. 

In the event that you are encountering these difficulties, it is always worth contacting the school bursar in the first instance to try and ascertain whether there is any assistance available to try and keep your children in the same education setting.

But what is the position legally? Can you compel your ex to continue to pay school fees, if they are refusing to do so?

In the first instance, the parties will need to have a conversation about how school fees will be paid (either directly, or with the help of a solicitor or mediator). Often, agreement can be reached about which parent will pay the bill or how the bill will be shared. However, where school fees or, as has been a common issue more recently, the VAT on school fees become a source of contention it is possible to apply to the court.

Unlike child maintenance which in the first instance will be assessed by the child maintenance service, a school fees order application will be considered by the courts. A school fees order is an order which states that a person must pay in full or contribute towards fees relating to education or training for a child.

When deciding whether to make an order, the courts will consider a number of factors which will include the needs and means of the parties. A school fees order is very unlikely to be granted in circumstances where the paying party can prove that they can no longer afford to make the payments.

The court does have the power to vary a school fees order which has been previously made. They will again consider all the wider circumstances of the case when deciding whether or not to vary an order. This will include the means of both parties, the needs of the parties and any minor children, and will in addition also include whether there has been a material change in circumstances since the original order was made. Any such change in circumstances would need to be evidenced to the court.

For help with resolving your finances in the course of a divorce in the UK, contact our specialist divorce solicitors.

Written by Sarah Mortimer (Senior Associate Solicitor)

Please contact us on 020 8290 0333 or email info@judge-priestley.co.uk if you would like more information about the issues raised in this article or any aspect of family law.

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