The question of paying school fees for children in private education is often the subject of heated discussion when couples divorce. With school fees set to increase by 20% following the Labour government’s decision to remove the VAT exemption on those fees, the cost of schooling children is likely to be under closer scrutiny.
So, who is responsible for paying school fees for children following separation and divorce?
The cost of schooling will, of course, be one of the many elements of a financial settlement that will need to be agreed. Where possible, parents should try and reach an agreement between themselves over the proposed or continued schooling of their children and how that will be funded.
In fact, in all divorce proceedings there is now a requirement, where appropriate, to seek non-court dispute resolution before turning to the courts, and this applies to decisions over schooling. Only when agreement cannot be reached can parents ask the courts for direction.
Where children are already in an independent school, the courts will be reluctant for them to change out of private education so long as it remains affordable. Where children have yet to start school, the courts will look at whether the parents intended to privately educate their children.
Affordability will be a deciding factor. The courts recognise that a “private education is a luxury” and must be “balanced against the welfare and needs of all the family”. This means the court will first look to ensure that the parents and children are suitably housed, and each parent’s day-to-day income needs are met. Only once the court is satisfied that these essential needs are met, will it consider whether school fees are affordable.
To do this, the court will look at each parents’ remaining income, assets, and other financial resources, and make a ‘school fees order’ if they decide school fees can be met. A school fees order will direct who will pay for school fees, and for how long. It may be that the cost is split between parents, or one parent is solely responsible for meeting the fees.
School extras
As parents with children in private education will know, school fees are not the only costs that will be incurred. Additional fees will often be required for music lessons, school trips and additional activities such as the Duke of Edinburgh awards. School fees orders need to say who should meet those costs. Often court orders will say that more expensive extras such as overseas trips need to be agreed in advance.
Grandparents and school fees
In families where grandparents (or other family members) are helping with school fees, threats are sometimes made on a divorce that they will stop paying fees. The court cannot order a grandparent to continue paying school fees as they are not a party to the court proceedings, but there will nearly always be a presumption that they will continue paying the school fees. Whatever their feelings towards their soon to be ex-son or daughter-in-law, it is very unusual for a grandparent to stop paying their grandchild’s school fees.
It is important that parents take advice from their solicitor regarding the funding of schooling for children whilst all the time keeping in mind the very best interests of those children. Bishop & Sewell has considerable experience in guiding parents through these discussions.
Contact our Family & Divorce Law experts
Laura Cotzias is a Solicitor in the Bishop & Sewell Family & Divorce teams. If you would like to contact a member of the team please call on 020 7631 4141 or email lcotzias@bishopandsewell.co.uk.
The above is accurate as at 12 September 2024. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
