Divorcing parents often face difficult decisions regarding their child’s education, particularly when it comes to private school fees. With rising tuition costs and changes to VAT exemptions for independent schools, many parents are increasingly concerned about ensuring their child can continue at their school or university of choice following divorce. Securing school fees in a divorce settlement is becoming a pressing issue for many families, especially when friendships and social lives are intertwined with a child’s school community. At Tees, we are committed to helping families find the best path forward.
Our expertise in divorce settlements and school fees
In divorce settlements, one of the key challenges is addressing private school fees. The Court prioritises basic needs, and school fees are often seen as a luxury once those needs are met. As a result, it can be difficult for parents to secure a guarantee for school fees as part of their divorce settlement.
Clare Pilsworth, Partner at Tees Cambridge, explains: “The Court does not prioritise school fees and considers them an individual decision after housing expenses have been accounted for.”
However, the Court will assess the “needs” of each family differently based on individual circumstances. In some cases, the Court has criticised parents who do not continue paying school fees when they could afford to do so: “What children need is love and time. Actually, like everyone else, they also need money.” (K v D (2015), para 20).
Even if financial circumstances change significantly after a divorce, the Court may still approve orders for school fees, though both parents may have to make sacrifices (WD v HD (2015), para 56).
Financial remedy consent orders for school fees
In many cases, divorce settlements are reached without a Final Hearing, resulting in a Financial Remedy Order. This is an agreement between the divorcing parties, approved by a Judge, outlining how assets should be divided. If both parties agree, the arrangement can be formalised, allowing the child to continue attending their school. If an agreement proves difficult, various non-court dispute resolution methods can help reach a mutually beneficial solution.
Modifying a current order
If you already have a divorce settlement in place but are struggling to pay school fees due to a change in circumstances, you can apply to the Court to vary the existing Order. If this is a concern, please contact us for expert advice.
Steps you can take now
While a final divorce settlement may take time, there are steps you can take to support your child’s education during this period:
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Inform the School: Keep the school or university informed of any changes in your financial situation. If your ex-partner historically paid the fees, request that invoices be sent directly to them moving forward.
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Consider a Maintenance Pending Suit Application: If your partner refuses to pay the fees, a maintenance pending suit application could order them to pay the school fees until the settlement is finalised.
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Explore Fee Reductions or Postponements: If both parents are unable to cover school fees, speak to the school’s bursar about possible reductions or postponements.
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Consider Alternative Schools: If fees become unaffordable, consider alternative schools. Notify the school early to avoid being liable for fees for the next term.
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Seek Expert Advice: At Tees, we assist many parents in ensuring that school fees are included in their divorce settlements. Our expert team is here to guide you through this process.
Divorce can be a challenging time, but with the right legal guidance, you can secure the best possible future for your child’s education. Contact Tees for expert support in navigating this important aspect of your divorce settlement.
N.B. The standard 20% VAT rate was added to private school fees from 1 January 2025. Any fees paid from 29 July 2024 relating to the term starting in January 2025 and onwards was be subject to VAT. Gov.uk- education hub
