Private School Fees After Divorce
Below are some frequently asked questions (FAQs) about who is responsible for private school fees after a marriage breaks down, and how to reach a fair arrangement.
Who is responsible for paying private school fees after divorce?
Q: Can the court order one parent to cover these fees?
A: Yes. Under the Matrimonial Causes Act, if the parents are divorcing or dissolving a civil partnership, the court can require one or both parents to pay school fees. Typically, the court will consider how the child is currently educated, whether there was a shared expectation that they would attend an independent school, and each parent’s financial position.
Does child maintenance include school fees?
Q: Are private school fees part of standard child maintenance?
A: No. Child maintenance (for example, through the Child Maintenance Service) does not automatically cover private education costs. If your ex-partner claims otherwise, you should seek legal advice to clarify your rights and responsibilities.
How can we agree who pays the school fees?
Q: Must we go to court to settle the matter?
A: Not necessarily. You have several options:
- Mutual Agreement: You and your ex-partner can discuss contributions and reach a mutually acceptable arrangement.
- Mediation or Collaborative Law: If direct talks prove difficult, these forms of Alternative Dispute Resolution (ADR) help you negotiate with professional guidance.
- Solicitor-Led Negotiation: Each parent can have separate legal representation, and you can arrange a “four-way” meeting to sort out details.
- Family Court: If negotiations fail, you can apply for a court order. However, litigation can be both lengthy and expensive, so it is usually seen as a last resort.
What about compromise?
Q: One parent insists on private schooling, the other isn’t keen—what do we do?
A: Often, compromise is needed. If private schooling matters more to one parent, they might pay a larger share of the fees. The specific arrangements will depend on both parties’ financial circumstances and priorities.
How do courts view existing agreements regarding school fees?
Q: We made an informal agreement about school fees—will that stand?
A: If parents reached any prior arrangement (formal or informal), the court can consider it. However, only a legally binding document (e.g. a consent order) provides complete security. You might formalise your arrangement through a settlement drafted and approved by solicitors, giving you legal protection if disagreements arise later.
Need Specialist Advice About School Fees?
If you and your ex-partner are struggling to agree on private school fees, our family solicitors can guide you. We offer clear, pragmatic advice and a range of dispute resolution options to help you reach an outcome that supports your child’s best interests.
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Contact us today to discuss how we can help ensure your child’s educational needs are met, even amid the challenges of divorce.
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