Who Pays Shared School Costs After Divorce?

If your child attends an independent fee-paying nursery or school, you may be, understandably, concerned about how the school fees will now be paid for. Likewise, if your child attends a non-fee-paying school, you may be worried about paying for other educational costs such as school uniforms, trips, transport, and lunches. And if your child attends university, there may be university fees and living costs to be covered.

Separating couples often feel significant additional financial pressure after divorce. This may be because one party is now paying for their own separate property in addition to contributing to the costs of the family home. Or it may be because while married, one party took on the role of running the home while the other worked, and they now have no form of income. If you are concerned that your child may no longer be able to attend their current school due to concerns over funding, this article is for you.

My ex-partner and I cannot agree on who should pay school fees after our divorce

It is extremely common for separating couples to struggle to reach an agreement on financial and other matters during the divorce process. In the first instance, it is important to try mediation or another alternative dispute resolution (ADR) method, such as arbitration or Solicitor negotiation, to find a solution outside of the courts. Mediation, in particular, can be extremely effective in resolving even the most contentious disputes between separated parents and is an essential step before asking the courts to intervene in your divorce financial settlement.

During mediation, a specially trained impartial mediator will work with you and your ex-partner to find an amicable outcome to any disagreements, including how school fees will be paid. If you cannot reach an agreement through mediation, or if mediation is simply not suitable (e.g. if there is a background of domestic abuse), then you can ask the family court to decide for you as part of your Consent Order application.

What if the sums simply don’t add up?

If you and your partner are struggling to understand how you make your finances stretch to cover your child’s educational costs, consider engaging the services of a financial advisor who can recommend a strategy to help you. It may be that by releasing equity from your property or selling certain assets, you can free up the capital needed to make the sums work.

Can the court order a parent to contribute towards school fees?

Yes, in accordance with the Child Support Act 1991 section 8(7), when reaching a divorce financial settlement, a family court judge can include specific clauses within your Consent Order covering school and educational costs. This is often referred to as a School Fees Order.

Section 8(7) of the Child Support Act 1991 states that a court shall not be prevented from

“exercising any power which it has to make a maintenance order in relation to a child if—

(a) the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

(b) the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training”.

When will the courts issue a School Fees Order?

It is always at the court’s discretion whether to issue a School Fees Order. It is important to remember that when deciding on who will pay school fees following divorce, the courts must look at the wider context in accordance with section 25 of the Matrimonial Causes Act 1973. As such, the wider financial needs of the family are paramount, not just school fees. In general, while a family court judge will take the view that continuity of education is important to children, it must be affordable. Hence, if the parents’ financial position simply does not allow the children to continue attending a fee-paying school, the judge may not issue an order. A family law judge is more likely to issue a School Fees Order if it is financially affordable following divorce.

What is included in a School Fees Order?

An experienced family law solicitor can draft a school fees order clause for inclusion in your consent form to cover nursery education, primary or secondary education, or tertiary education.

A School Fees Order clause may specify, for example:

·      Who is required to pay school fees

·      How ‘reasonable extras’ (e.g. books and school trips) appearing on the school bill will be dealt with

·      How much will be paid

·      How frequently payments will be made or the number of instalments (and the date of payments)

·      Who payments will be made to (e.g. directly to the school), and

·      Whether proof of payment needs to be provided to the applicant

Final words

Dealing with post-divorce disagreements regarding school fees can be emotionally difficult for both separating parties.

After all, you want the best for your child. By working closely with a family law Solicitor who specialises in resolving financial disputes after divorce, you can reach an amicable outcome outside of the courts, or if this is not possible, a court order that protects your child’s educational future.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.