Divorce & Private School Fees – Who Pays?

For many parents divorcing/separating the question of how to maintain ongoing payments for private school fees is understandably a huge and immediate concern.  For children whose parents are separating, staying in their usual school environment with their friends and familiar routines can be a source of comfort and support.

Being forced to immediately move schools if fees are unpaid can lead to further stress and disruption for the whole family.  However, the question of who will meet the payment for school fees as well as the inevitable extras for wraparound care, clubs and uniform etc is not always straightforward.

In our experience, it isn’t the case that all parents who choose a private, fee-paying school for their children are vastly wealthy.  We usually find that despite the financial burden of school fees, most parents will seek to prioritise their ongoing payment for the benefit of their children.  however, what happens when this isn’t the case? What are your options?

If you’re divorcing, then the court can specifically make a school fees order within your financial settlement which can require one or both parents to meet the costs.  If you’re unmarried and separating, then you can rely on Schedule 1 of the Children Act 1989 for a school fees order on the same basis.  In both instances the court has to consider each parents financial circumstances and other commitments.

Each case will turn on its own set of unique facts.  Even if you have a school fees order in place you need to be aware that if one party’s financial circumstances change for the worse then they can apply to court to vary or even extinguish the order.  It is also important to remember that the Child Maintenance Service cannot require a parent to pay for school fees.

Top tips: –

• It is preferable to try and reach an agreement amicably which reflects the educational decisions made during the course of the relationship – consider using mediation to work through your finances and options to see if there is a way forward.

• If mediation is unsuccessful consider Arbitration to address this specific issue as a quicker alternative to court proceedings.

• In the absence of an agreement you can explore the possibility of bursaries/scholarships, if these are available they could significantly reduce the overall cost.

• If a school move is inevitable research your options and remember that private schools will usually require 1 term’s notice.

If you require advice about a school fees orders, enforcing a school fees order or the options for negotiating an agreement contact our family law experts for a free, no-obligation discussion about your circumstances tel:0800 015 0340 or email family@chadlaw.co.uk