A divorce settlement doesn’t just involve the fair division of marital assets between the two separating spouses, it also must consider commitments that the parties have made during their marriage, particularly involving the children, and how those commitments will be managed moving forward. The key commitments would be the children’s education, particularly if they are in private school, and their extracurricular activities. Both private education and the numerous extracurricular activities can be a financial strain to a couple when they are together, so this pressure can increase upon separation.
Divorce and separation is a hugely unsettling time for children, and can be influential on a long-term basis regardless of age. This can have an impact on schooling and hence, educational arrangements are one of the key issues looked at when negotiating a divorce and separation settlement. This is particularly the case when one or more children are at private school as consideration needs to be given to how the school fees will be paid, to prevent a greater instability for the children.
How courts will decide on responsibility for private school fees
There is no standard formula to determine who should pay for school fees post-divorce, unlike how child maintenance payments are determined. It will first need to be established whether it is affordable for the children to remain in private education, and this will depend on the assets and income available between the parties. It may be that one party is in a stronger financial position, and as part of the settlement they will be responsible for maintaining the school fees, each case will turn on its own facts.
For couples that are separating following marriage, the payment of the school fees will be dealt with alongside the resolution of the financial matters overall. For cohabiting couples, the onward payment of school fees can be a little more problematic, but under Schedule 1, Children Act 1989, there are provisions to pursue additional finances for a child in addition to child maintenance, this can include the payment of private school fees. The latter is a complex process and advice from an experienced lawyer should be sought to navigate this.
How are private education plans usually dealt with upon separation?
Where possible, the parties would try and agree how the school fees are to be paid, but if this is not possible then the court may be asked to determine this. The court will consider numerous factors, including:
- How long the child has been at private school and therefore how settled and contented they are there.
- What financial resources and commitments apply to each parent.
- What standard of living the child enjoyed prior to the separation, and whether that can be maintained.
- The other needs of the family such as housing.
Professional legal advice on private education plans after separation
The court may consider private school fees to be a ‘luxury’ financial commitment, particularly when their primary responsibility is to ensure the basic needs of a child and the family are met, so the priority will be stability and financial independence before consideration turns to the payment of private school fees. Where possible, if a child is in private school, a court will want to maintain that level of education.
Regardless of all this, it is always advisable for a separating or divorcing couple to reach an amicable private agreement over school fees, and which will take into account many of the same considerations, but will avoid the unnecessary acrimony and costs of formal court proceedings. If you require experienced and reliable advice on dealing with private school fees in divorce or separation, contact our team at Consilia Legal today.