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For many parents, education is one of the most important decisions they make for their children. If your child is in private school, or you are thinking about it, separation can raise a difficult question: who pays the school fees now?
There’s no automatic answer
Unlike child maintenance, there isn’t a standard formula or government service that decides how private school fees should be covered. The Child Maintenance Service doesn’t include them in its calculations. That means fees need to be agreed between parents or decided by the court if agreement isn’t possible.
Married or unmarried parents, does it make a difference?
Yes, but only in how the court deals with it:
- Married couples (divorcing/separating): School fees can be included in the overall financial settlement on divorce, alongside property, pensions and maintenance.
- Unmarried couples (separating): You won’t go through divorce proceedings, but either parent can still apply to the court for a “school fees order” under Schedule 1 of the Children Act 1989. The court will look at affordability and whether private education is in the child’s best interests.
Whether you’re married or not, the question of who pays private school fees after divorce or separation can still be sorted out by agreement or, if needed, by the court.
How parents often deal with it
- Reaching an agreement together: Many parents decide privately how to share the cost. Some split the fees equally, while others contribute in proportion to their income.
- Building it into a financial settlement: When sorting out wider finances after divorce, school fees can be included as part of the overall arrangement.
- Asking the court to decide: If you can’t agree, either parent can ask the court to make an order about school fees.
What the court looks at when it comes to private school fees
If the issue reaches court, the judge will consider:
- Whether the child is already in private school and how settled they are.
- The financial resources of both parents.
- The standard of living the child enjoyed before the separation.
- The overall needs of the family, such as housing.
If neither parent can realistically afford private education, the court is unlikely to order that the fees be paid.
A few common scenarios
- One parent can afford the fees, the other cannot: The court may decide it’s fair for the wealthier parent to contribute more, especially if the child is already at a private school.
- Both parents want private education, but money is tight: The judge will balance the desire for private schooling against the need for both households to remain financially stable.
- Only one parent wants private education: The court will decide if it’s in the child’s best interests, and whether it’s affordable.
What if things change later?
Life isn’t static. A change in income, job loss, or a new partner can affect whether fees are affordable. Court orders can sometimes be reviewed if circumstances change significantly.
Alternatives to consider
If fees become too difficult to manage, parents might look at bursaries, scholarships, or moving the child to a state school. While this can feel like a big shift, the child’s overall wellbeing and stability are always the priority.
Getting advice on private school fees after divorce or separation
Private school fees can be a sensitive and expensive issue after divorce or separation. Clear legal advice can help you understand your options, reduce conflict, and put your child’s needs first.
At Sharp Family Law, we help parents in Bath, Bristol, Bradford on Avon and across the South West find practical, child-focused solutions to questions like school fees and other financial issues after separation. If you’d like to talk through your situation, please get in touch with our team.
Contact us at info@sharpfamilylaw.com.
