Private School and Divorce - Who pays the School Fees?

There are many difficult decisions that need to be made when a divorcing couple are separating their finances from each other. For those parents who choose to send their children to private or public schools, there is the added consideration of how school fees are paid, or indeed whether it is affordable to continue to send the children to a fee-paying school, given that finances may be strained by the divorce. It is therefore important to consider this issue against what the Court may do.

First, it is important to note that the best way for any dispute to be resolved is amicably between the divorcing parties. Whilst emotions can run high when divorcing, it is the cheapest way of resolving any dispute. Services like mediation or divorce counselling can serve to discharge tensions, and promote a positive environment for negotiations, and legal advice can help alleviate any confusions that may arise during this process. Further, in most situations, the Court may expect parties to at least attempt to resolve their differences outside of Court.

If it can be agreed that the child will continue to be privately educated, then discussions will need to be had as to how these are met. Any agreement as to how school fees will be paid can be recorded on the consent order that will need to be filed with the Court. However, if no agreement can be reached, an application may need to be made for a School Fees Order.

A School Fees Order will set out which parent should be meeting the school fees, or if the costs are to be split between the parents, the proportion of the school fees to be paid by either parent. However, to reach this, a Court would have to consider the income and outgoings of each party to ensure that this is affordable. It is not likely that the Court would make either party pay for school fees if following the split, neither party will have sufficient income to allow them their day-to-day housing requirements or meet existing maintenance payments.

The Court are also likely to consider, should it remain an affordable option for the parties, the impact a break in the continuity of the education will have on the child, which may have a significant impact on a child going through their GCSEs or A-Levels.

If you are made subject to a School Fees Order, but can no longer afford to pay it due to a change in circumstances, it is worth discussing this with the other parent at first instance. If this proves ineffective, an application can be made to vary this order, at which point the Court must reconsider your finances.

If continuing educating children in the private school sector is no longer viable, and a state school cannot be agreed upon by the parties, then an application can be made to the court for a judge to decide.

At Johnson Astills, our Solicitors have experience dealing with disputes about school fees, and would be able to assist you with resolving this amicably, or through the Court should an agreement prove impossible to reach.

Please get in touch with the Family Team today and we would be more than happy to discuss your matter further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.