Divorce lawyer calls for swift talks over private school fees

Categories: Family

ORJ’s family law expert Angela Parker has advised separating parents to address private school fees head-on at the earliest possible opportunity as the cost of private education continues to soar.

Angela, Head of Family at ORJ, warned that expensive court battles can follow if parents cannot agree on who pays for schooling.

If parents cannot agree amicably then as a last resort, the court can make a school fees order as part of wider financial remedy proceedings on divorce, setting out the obligation to pay school fees.

Angela said: “Largely due to the addition of VAT, private school fees are higher than ever before. They can now be a real flashpoint in divorce. 

“Divorce can be a very upsetting and unsettling time for children. Their whole world can be turned upside down. The family unit they knew will have changed and they may be moving home.

“They need as much security and continuity as possible. That’s why who should pay for the private school fees should be addressed as soon as possible on the breakdown of a marriage.

“Furthermore, if the court has to step in to make a ruling, it will inevitably cost more than if the parents are able to reach an agreement themselves.”

Private school fees have increased by 22.6% in the last year, with parents now paying out more than £22,000 a year on average, according to the Independent Schools Council (ISC).

If separating parents cannot decide on how a child should be schooled, the courts will consider the existing situation. That means if the child has been attending private school for some time, then it is more likely to be the court’s preference moving forward – but the court must also consider the financial capacity of both parents.

There is no automatic rule for who pays private school fees after divorce. It is common for both parents to contribute towards the cost, either equally or unequally based on individual income and financial circumstances.

Angela said: “As is always the case, it is preferable for the parties to reach an amicable agreement.

“If the court is asked to adjudicate then, as well as considering resources, it will also look at state school provision in the area that the children will be living in. If it is of a good standard then that might be deemed sufficient. The court’s first priority is to ensure the child is safe and secure – private education might be considered a luxury.

“If the children are not presently attending private school and there has been no clear previous agreement between the parents that they will do so at a specified point in the future – for example, when they begin high school – then the court will be less likely to force one parent to fund it. 

“On the other hand, if the children have been at private school throughout and the fees are affordable to a parent, the court would be more likely to direct that they continue to be paid. Payment is made directly to the school and, if not, then the parent ordered to pay them will be in contempt of court. In theory, that could lead to further financial consequences or even imprisonment.”

If either parent’s financial situation significantly changes after the divorce, they can seek a modification of the arrangements.

Angela added: “Private school fees are just one of the challenges that can arise from divorce. I advise people to have honest and open conversations with their co-parent about how fees will be met.

“Focus on the child at all times and try to be flexible if the other parent’s situation changes. 

“Always keep detailed records of payments made and bear in mind that fees are likely to increase over time – and don’t forget extra expenses for things like school trips and extracurricular classes.”

Angie has been a solicitor for almost 20 years and thrives in helping people through difficult times. Contact her on Angie.Parker@orj.co.uk or 01785 223440.