Who pays private school fees after divorce or separation?
24th November 2022 by Jonathan Talbot
According to the Financial Times the average fee for independent schools is now over £15,000 a year for day pupils and £36,000 for boarders. This represents a substantial financial commitment over the education of a child, and often has to be taken into account when negotiating a financial settlement after divorce or separation.
Disputes can arise for many reasons, perhaps parents have different priorities or maybe one parent is finding it harder to cope with paying school fees and all the extra costs.
‘Perhaps one of the largest bones of contention between separated parents when it comes to their children’s schooling is how the school fees will be paid,’ says Jonathan Talbot, Head of Laceys Family Department. ‘Often, even prior to separation, parents have made sacrifices in order to pay for their children’s school fees. With the division of pooled financial resources, the continued payment of school fees may no longer be met as easily.’
If agreement cannot be reached between you and your former partner, you may be wondering where the law stands on who is responsible to pay these fees. You will be glad to hear that the court does have powers under the Matrimonial Causes Act to make a parent pay a contribution which can be used to pay school fees. In deciding if that power should be exercised, the court will look at a number of factors including:
Where are the children currently educated?
Are the children already in attendance at a private school, or is it intended they would move to one or start at a new one? If they already attend the school, they may have significant ties there. Moving to a new school now may cause unnecessary upheaval when they are already dealing with the upset of their parents separating.
What were the parents’ intentions?
Was it always agreed between the parents that their children would attend private school? Perhaps siblings already attend private school, or one of the parents went to that school.
Affordability
If there are limited resources to pay for school fees, then a court is likely to view them as a luxury rather than a necessity. The basic housing needs of a child will always come as a priority and a court will not leave a parent in financial difficulty in order to meet school fees. The court will take into account all financial circumstances between the parents when deciding if a contribution order should be made. If one parent could easily afford to continue to pay school fees and the other parent has more limited resources, then the court is likely to make a contribution order against the wealthier parent.
Providing a private school education for your children may be important to you, but affordability is one of the main considerations. You may feel that it gives them the best start for their future career, however a court will not view a private education as a necessity.
Refusal to pay school fees
If a parent can afford to pay for their children’s school fees but decides not to continue paying, then the court is likely to be very critical of their failure to do so. An order under the Matrimonial Causes Act, forcing that parent to pay additional monies to the other parent who can then use them to cover the school fees, is highly likely. If the parent still refuses to pay despite a court order, then they could be deemed to be in contempt of court and face a fine or even imprisonment.
If school fees are not paid, then the school may decide to seek remedy under their contract with the parents. It is likely that both parents may have signed this contract and therefore both will be liable for any non-payment. If you are concerned that fees have not been paid then the school may run a bursary scheme. You could make enquiries to see if this could assist.
Ultimately, if fees continue to go unpaid, the school may have grounds to expel your child.
How we can help
We recommend that you obtain early expert legal advice in order that your children face as little disruption to their education as is possible.If you would like any further advice on this subject please contact our Family department on 01202 377800 or email j.talbot@laceyssolicitors.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
Jonathan Talbot
Partner — Family
Direct dial: 01202 377844
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“Jonathan has been amazing at helping me get a resolution with my ex-husband. He was a great listener when I was getting very upset about clauses in our old divorce agreement that were not being adhered to and reacted really quickly with a letter and support. I would not hesitate to ask Jonathan for help again but please excuse me if I hope that doesn’t happen for a while as we all know dealing with ex's is never much fun! Thank you Jonathan.”
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“Very happy with how you dealt with my case. Many thanks for your help and advice from Mr Talbot and his secretary.”
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“Jonathan Talbot explained the process and how things would proceed. He was very patient allowing us time to understand and adapt to our new situation. Legal language can be quite difficult to understand and he would explain what it meant and how it would impact.”
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“I always use Laceys for my legal work, I feel able to talk to them and I know they listen. They have always been professional and kind.”
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“I’d like to extend heartfelt thanks to you and Shannon for helping me through this difficult time, I am really very appreciative to have had you on my team this year, you’ve been an enormous support. ”
Jonathan heads up Laceys family department and having qualified as a Solicitor in 1983, he has over 35 years experience in Family Law.
He specialises in Family and Relationship Breakdowns, Financial Remedies, Collaborative Law and International Family Law.
Jonathan has a exceptional caring nature and will always strive to find solutions to family issues outside of the court if at all possible.
Outside of work Jonathan likes to keep himself busy by competing in Ironman 70.3’s when he gets the chance – which are no easy feat at having to complete a 1.2 mile swim, a 56-mile bike ride, and then a 13.1 mile run each race!
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