Who Pays School Fees after Divorce?

Many separating couples understandably focus on the impact upon their children, seeking to cause as little disruption to them as possible. It is important to try and agree arrangements for children, including their schooling.

For detailed information our team of family law solicitors in Milton Keynes are here provide expert advice tailored to your individual circumstances. In the meantime, the following article gives a helpful overview of the payment of school fees after divorce or separation.

The first issue to address is whether, upon separation, the parties remain of the view that a child’s attendance at a private school is desirable, often based on practical considerations including affordability or the practicality of attending based on the parties new living arrangements after the family has separated.

Addressing whether continued attendance at private school is financially viable is particularly important. The parties may both agree that private schooling is a preferred arrangement, but withdrawing a child from school for lack of funds midway through their education may have a greater detrimental impact on their welfare that non-attendance in the first instance. In the 2006 case of T v T, the judge stated that it would be “unfair” and “damaging” to a child to withdraw private school fees when the parties had made plans to privately educate their child.

Open and frank discussions are likely to assist the parties here in the first instance, often benefitting from mediation or reference to a Parenting Plan for future child arrangements. To support these discussions, clear disclosure is vital to enable the parties to be fully appraised of one another’s financial circumstances and to enable them to fully understand if continued payment of school fees is viable in the longer term.

The fees for private day schooling are usually in excess of £15,000 per year, whilst boarding fees are on average around £39,000 p/a. This can be a serious financial commitment and is the main reason the subject of school fees often comes up when parents are negotiating a financial settlement on divorce.

The family court has the power to make an order for a parent to pay or contribute towards school fees and associated costs for a child after divorce or separation, however, it can be more cost effective for both parents to come to an agreement outside of court.

The court will consider whether the child is already attending a private school and this can be a significant factor in the court’s decision-making process. It may not be a purely financial decision. If the child is not currently being educated privately, it is far more likely that a court will only make a school fees order if there is a clear agreement between the parents that the child will attend an independent school.

The court will also look at the parents’ intentions about the child’s education. It may have always been the plan that the child would attend a private school when they reached a certain level of schooling. The court will carefully way up all the information presented to reach an outcome that is in the best interests of the children.

Where children are not already attending a private school and there was no clear indication that their parents intended for them to attend, then it’s unlikely that the court will intervene and force the ex-spouse to pay for school fees. In many cases, the courts view school fees as a luxury, and the priority is to ensure that basic needs are met first, such as accommodation and food, and not to leave one parent in financial difficulty in order to meet school fees.

In the event that your child has been attending private school and your ex-spouse can easily afford to pay school fees, the court is likely to be critical if they stop paying and are more likely to make a school fees order. The court can also make an order for the refusing parent to pay additional monies to the other parent who can then use them to cover the school fees. If the parent still refuses to pay despite a court order, then they could be deemed to be in contempt of court and face a fine or even imprisonment.

If school fees are not paid, then the school may decide to seek remedy under their contract with the parents. If fees continue to go unpaid the school may have grounds to expel your child.

The obligation for assigning funds for school fees payment is separate from child maintenance payments. The Child Maintenance Service cannot order a parent to pay school fees.

While it’s always best to try to reach an agreement between yourselves, you can turn to Alternative Dispute Resolution (ADR), including mediation, arbitration and collaborative law. If these options do not work for you, you may have to consider settling the matter in the family court. However, this process can be time-consuming and expensive, so it is best to avoid it where possible. It is recommended you seek advice early to help minimise any disruption to your children’s education.

Ready to take the next step? As leading divorce solicitors in Milton Keynes, our team of family law specialists can advise and guide you from the moment we start working with you. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.