When high-earning couples divorce, school fees often become one of the first major concerns. If your children attend independent schools, it’s important to understand how education costs are handled. This guide provides clear, practical answers for families with complex financial arrangements.
Questions around child arrangements can be complex for most families. These issues become even more intricate when dealing with international assets, trust structures, or multiple school-age children.
This guide cuts through the confusion to give you clear answers about divorce school fees; helping you to fully understand your legal rights and responsibilities during what will be a challenging time.
Who Pays School Fees in Divorce?
There’s no automatic rule about who pays school fees in divorce. The court’s primary concern is the child’s welfare, so in this context they’ll be aiming, above all else, for stability and consistency in their education.
If your children already attend private school, the courts generally expect both parents to maintain that set up together, to meet the family’s pre-divorce standard of living. They may not expect private education to begin for the first time post-divorce, but they will be reluctant to disrupt existing schooling.
Courts make these decisions by considering both parents’ income, assets, and financial capacity. Even if one party earns significantly more than the other, the lower-earner may still contribute proportionally within their current means.
Post-Divorce: Are School Fees Included in Child Support/ Maintenance?
Many parents ask: are school fees included in child support? The answer is no — the CMS does not account for private education costs. CMS calculations cover the basic needs, such as food, clothing, and housing.
- Does child support include school fees? No.
- Are school fees covered by child support? No, unless there’s a court order.
Many high net worth couples cut out the CMS and instead agree privately or obtain a school fees order through the courts. This flexibility is valuable where there are international schools, varied income sources, or multiple children.
What About Fees for Higher Education?
Legally, divorced parents are not required to pay for college or university once child maintenance ends. However, in high-value cases, that’s not always the end of the story.
- Child maintenance typically ends when a child turns 16, or for as long as they remain in full-time secondary/college education.
- However, for university students, there’s no legal obligation to continue financial support once maintenance ends — making this a frequent source of concern for separating parents.
Despite this, many high earners choose to contribute voluntarily, often as part of their broader financial settlement. Courts may also account for future higher education costs when dividing major assets like investment portfolios or foreign properties.
When it comes to child maintenance for university students, particularly those studying abroad, costs can be significant. Agreements covering tuition, accommodation, and professional studies (e.g. law, medicine) can be negotiated and formalised in advance.
For global families, where children may attend overseas universities or colleges, it’s even more important to plan ahead and secure enforceable arrangements.
International Complications and Global Enforcement
For families with global connections, divorce school fees arrangements can be harder to enforce. This is because jurisdiction, recognition of UK orders abroad, and currency fluctuations can all affect outcomes. Further to this, international schools may cost more than UK equivalents, and cross-border asset tracing may be necessary if a parent claims inability to pay while holding overseas assets.
Complex Financial Structures and School Fees
High net worth families often have sophisticated financial arrangements that can make school fees calculations tricky. Trust beneficiaries may argue they don’t directly control income, even when they clearly benefit from substantial wealth.
Corporate ownership structures can make it difficult to gauge true income levels. A parent might draw minimal salary while having access to potentially lucrative company assets, dividends, or other benefits. This means the courts may look past the stated income to dig into broader lifestyle and spending patterns in more detail.
Investment portfolios, property holdings, and pension contributions all factor into these assessments. The court considers actual financial capacity — not just declared earnings. This might include examining spending on luxury items, holidays, or other discretionary expenses that demonstrate available funds.
For international families, offshore structures add another layer of complexity to the overall picture. This can make professional asset investigation and specialist legal advice absolutely essential for uncovering the actual financial picture.
What Is a School Fees Order?
A school fees order is a court directive requiring one or both parents to pay private education costs. These orders can be made under Schedule 1 of the Children Act 1989, or as part of broader financial remedy proceedings during divorce.
The order compels payment and makes non-compliance a contempt of court matter, providing enforcement mechanisms beyond voluntary agreements. This legal backing is particularly valuable for high-value situations, due to the substantial ongoing costs involved.
Orders can be flexible, allowing for incremental fee increases, or just setting exact amounts. They might be expected to cover multiple children and can even extend through the different stages of education.
What Does a School Fees Order Cover?
School fees orders can be comprehensive, covering tuition, uniforms, educational trips, transport, and additional activities. The scope depends on the children’s established lifestyle and what the court considers to be reasonable expenses.
Orders might also include provisions for future fee increases, which ensures that arrangements don’t need to be revisited and varied every time costs rise. Some will outline specific percentages for each parent, while others will have set amounts.
Enforcement mechanisms are built into these orders to minimise risk. If payments cease, contempt proceedings can follow, potentially including asset seizure or other strict enforcement measures. For international cases, enforcement may require separate proceedings in every relevant jurisdiction.
Can I Apply for a School Fees Order?
Either parent can apply for a school fees order, though the process differs depending on circumstances. Applications can be standalone but, ordinarily, are a part of broader financial proceedings. The courts will consider shared finances, the child’s best interests, and more when making a decision.
What courts consider:
- The child’s educational history.
- Both parents’ financial circumstances.
- The child’s welfare.
For children already in private education, there’s a strong preference for them to have some stability, which is usually achieved by keeping them in the same school.
The assessment process: The court examines whether proposed arrangements are reasonable and sustainable. This includes considering:
- Other children’s needs.
- Each parent’s broader financial obligations.
- Long-term viability of the payment agreement that’s being put forward.
Financial disclosure requirements: Financial disclosure is a legal obligation in England and Wales. It demands detailed evidence of income, assets, and expenditure, to ensure a fair outcome for the whole family unit. For complex cases involving international assets or trust structures, expert financial analysis may be necessary to establish accurate valuations.
Practical Considerations About Divorce & School Fees for High Earners
Several practical issues particularly affect wealthy families. If you’re considering divorce and school fees, you should think about the implications of up front term payments, relocation post-divorce, and the likelihood of making these arrangements for multiple dependents.
It’s crucial that you bear in mind the following:
- Advance Payments for Schooling: Many parents pay school fees termly or annually in advance. During divorce proceedings, determining who’s responsible for fees already paid and future payments requires careful consideration.
- Multiple Children Costs: Multiple children at expensive schools create cumulative costs that can exceed £100,000 annually. Sibling policies and family discounts may be lost if children switch schools, adding another factor to consider.
- Insurance and Other Factors: School fee insurance policies might be affected by changed circumstances post-divorce. Parents should review coverage and consider whether continued protection is necessary.
- Boarding Versus Day School: These costs can vary significantly. If circumstances change post-divorce (such as parental relocation), these choices might need to be reconsidered because of the cost implications.
Private Resolution Alternatives: Many high net worth families prefer private resolution through mediation or arbitration rather than public court proceedings. These alternatives can provide more flexible solutions while maintaining privacy.
Don’t Guesstimate Your Child’s Future: Contact Lowry Legal Today
Private school fees in divorce are rarely straightforward, especially for high net worth families with complex financial structures or international connections. While courts focus mainly on children’s welfare and maintaining lifestyles, the practical arrangements require careful consideration of multiple factors.
Whether you’re concerned about ongoing obligations, seeking to secure fee payments, or dealing with international complications, specialist legal advice is essential. The stakes are too high — and the issues too intricate — for generic solutions.
Divorce is complex — but your child’s education shouldn’t be a casualty of financial uncertainty. Whether you need to apply for a school fees order, want to clarify your obligations, or intend to enforce an existing agreement, Lowry Legal offers bespoke advice tailored to high net worth families.
Don’t leave your child’s future — or your financial stability — to chance. Contact our expert team today to ensure your next steps are strategic, secure, and fully informed.
This information is for guidance only and does not constitute legal advice. Family law situations are complex and individual circumstances vary. Always consult with a qualified family law solicitor for advice specific to your situation.
