Rebecca Christie
- Partner
- Family & Divorce
Payment of school fees on divorce: a guide for separating parents
If you are going through a divorce or separation and your children attend private school, one of the important questions is: who will pay the school fees in the future to ensure continuity in the children’s education?
In England and Wales, the family courts regularly deal with this issue during financial remedy proceedings on divorce. While continuity in a child’s education is a consideration, the court will assess whether private school fees remain affordable in the context of the family’s overall financial circumstances following separation.
Can the court force a parent to pay school fees?
The court has the power to order one parent to pay school fees as part of a financial settlement, including school ‘extras’, by way of a school fees order.
These orders can be made during financial remedy proceedings on divorce. If the parents are not married, an application for provision towards school fees can also be made under Schedule 1 to the Children Act 1989.
What does the court consider?
The court will consider the affordability of school fees as part of its overall assessment of the family’s financial circumstances and needs.
In particular, the court may consider:
- Each parent’s income, assets and ability to pay.
- The child’s current schooling and how a change of school might affect them.
- The housing and other financial needs of both parents and the children.
- Whether private education formed part of the family’s lifestyle before separation.
- Whether siblings have been privately educated.
- The stage of the child’s education, including whether they are part-way through key examination years.
- Whether there was a shared intention during the marriage that the children would attend independent schools.
- Any existing agreements or expectations between the parents.
Importantly, school fees do not exist in isolation from the family’s other financial needs. Following separation, the same resources may need to fund two households rather than one. The need to provide suitable housing for both parents is therefore likely to take priority over the payment of private school fees. The court will also take into account any changes in the family’s financial circumstances, for example because of job loss or reduced income.
Ultimately, the fact that a child has historically attended private school does not necessarily mean that private education can or will continue following separation. School fees must be considered in the context of the family’s finances and needs as a whole. But in my experience, judges are keen to ensure that children of separating or divorcing couples are able to continue with their private education if possible as their needs are the court’s first consideration.
What if school fees are urgent?
If fees are due and one parent has stopped paying, it may be possible to apply for interim financial provision while the wider financial proceedings are ongoing. The appropriate application will depend on the circumstances of the case.
Where possible, it may be quicker and more cost-effective to try to resolve the issue outside court through non-court dispute resolution, such as mediation or arbitration. This can provide parents with an opportunity to reach an agreement about school fees without waiting for the issue to be determined through court proceedings. Alternatively, they could together instruct one solicitor to advise them using the Resolution Together model.
VAT on school fees
Since 1 January 2025, private school fees have been subject to VAT at the standard rate of 20%. This change has increased the cost of private education and may place additional financial pressure on families already navigating divorce or separation.
The increased cost of school fees will form part of the overall affordability assessment when the court considers whether provision should be made for private education. If the family’s income and assets cannot reasonably meet the fees alongside their other needs, continued private education may simply not be affordable.
Planning ahead for your child’s education
Private education represents a significant financial commitment, and it is important for separating parents to consider at an early stage how school fees will be approached following separation.
If you’re considering applying for a school fees order or need advice on how school fees may be dealt with following separation, our team of expert family lawyers based in the City of London has extensive experience in cases involving the negotiation and payment of school fees.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
Meet the team:
Chloe Cannon
- Associate
- Family & Divorce