Dealing with School Fees in a Divorce

Divorce can be a complicated and emotional process, particularly when it comes to financial arrangements for children. In England & Wales, addressing school fees and other educational costs during a divorce requires careful planning, a clear understanding of your finances and effective communication between parents. 

Understanding Different Types of School Fees

It is important to understand the different types of education expenses that might need to be addressed during a divorce: 

• Tuition Fees: Costs for private or independent schools
• Extracurricular Activities: Fees for sports, music lessons, clubs and other activities. 
• School Supplies: Expenses for textbooks, uniforms, and other necessary material. 
• Future Educational Costs: Anticipated costs for further education, including university fees. 

In England and Wales, financial arrangements for children, including school fees, are typically dealt with through: 

• Child Maintenance: Regular payments made by the non-resident parent to the resident parent to cover the child’s day-to-day living costs. 
• Specific School Fees Orders: These are additional Orders that can be made by the Court to cover specific educational expenses, such as private school fees. 

Child Maintenance Service and School Fees

The Child Maintenance Service [CMS] handles child maintenance, when not agreed voluntarily between the parents, which is generally meant to cover the basic living costs and does not typically include private school fees. Parent can agree privately on additional payments for school fees, or the Court can make an Order if an agreement cannot be reached. 

Court Orders for School Fees

If parents cannot agree on how to cover school fees, one parent can apply to Court for a Order. A school fees Order is part of a wider financial settlement as a result of a divorce. 

If parents are not married, then a school fees Order can made applied for under Schedule 1 of the Children Act 1989.

Ultimately, if parents want an agreement regarding school fees to be binding then it should be included in a Court Order.

Communication 

Effective communication between co-parents is essential in managing school fees. Regular discussions and updates concerning your child’s educational needs and expenses can help prevent misunderstandings and conflicts. 

If communication is difficult, there are other routes available including mediation. An independent third party can act as a Mediator, whether this is a friend, or professional. To find out more about family mediation, visit SE-Solicitors’ family mediation page. 

When going through a divorce, it is important to get legal advice early to consider your options. If you feel you need advice, please get in touch via my contact page or contact Sigourney Lee-Smith directly (01295 204009 or slee-smith@se-solicitors.co.uk).