Private school fees and divorce: What you need to know

If your children are educated at an independent school and you are going through a divorce, the question of how your private school fees should be paid in the future will need careful consideration. As you separate, one of your biggest concerns is likely to be: how do we protect our children from further disruption?

Keeping continuity at school, where possible, gives children stability and support during a difficult time.

In this article, we look at how the courts view private education, what happens if one parent can’t or won’t pay, and the options available for reaching an agreement or securing contributions.

A rise in private school fees

Private school fees have risen significantly in recent years – not least with the recent addition of VAT. Many schools have attempted to reduce underlying fees to cushion the impact, but the overall picture is one of rising costs.

According to the Independent Schools Council in their 2025 Census and Annual Report, the average day fees for pupils (excluding VAT) are now over £24,000 per year, while average boarding fees are over £42,000 per year (excluding VAT).

It's no surprise that when couples divorce, discussions about the payment of private school fees are rarely straightforward.

Beyond immediate affordability, parents must also plan for the future. Fees increase with inflation and, if your children are young, the jump from preparatory to senior school often adds a significant extra burden.

Are school fees covered by child maintenance?

If you are separating and have children you must agree on child maintenance. However, it’s important to note that the Child Maintenance Service (CMS) only covers a child’s basic needs: housing, clothing and food. It does not cover private school fees, music lessons, sports lessons or other “extras” .

This may come as a surprise. Many people assume that if they are paying child maintenance through the CMS, it automatically includes contributions towards school costs.

In reality, unless a separate agreement is reached or a court order is made, private education remains outside the CMS calculation.

This means school fees need to be dealt with as a standalone financial matter – either agreed between parents privately or decided in court.

The effect of boarding on child maintenance calculations

While school fees themselves are not included in maintenance payments, it’s important to understand how boarding school arrangements can affect the calculation of child maintenance, if the CMS are involved.

The CMS permits applications for “other income/expenses” or a special expenses variation (which could be for boarding costs) which can then reduce the paying parent’s assessable income for the CMS calculation.

The CMS also considers where the child spends their nights to determine the “parent with care” – the main day-to-day carer. For boarding pupils, the CMS will look not just at school holidays, but also at where the children would have lived had they not been boarding.

In some cases, this can shift the balance so that the paying parent is treated as the main carer, which may even result in the other parent becoming liable to pay child maintenance instead.

School fee affordability after divorce

Divorce almost always increases family expenses. Two homes and two sets of bills inevitably cost more, meaning there is often less money available overall. When school fees are added to the equation, affordability can quickly become a real concern.

Many parents who have chosen private education may be doing so ‘at a stretch’ already, never mind what the costs might look like post-divorce.

For example, a couple with two children at a local independent day school, paying £24,000 per child per year, face annual fees of £48,000. After separation, both parents must fund their own housing and (depending on where they live, both in terms of the area and size of dwelling) their mortgages or rent could reach or exceed £1,500–2,000 per month for each parent.

Once additional expenses are factored in, like utilities, food, and transport, both parents may find that their disposable income is significantly reduced. Even if both parents are fully committed to private schooling, it may no longer be affordable.

Reaching an agreement between parents

If private school remains within budget, parents are encouraged, where possible, to agree themselves on how the fees will be shared.

Agreements can take many forms:

1. Equal division: both parents contribute 50/50.

2. Proportional contributions: one parent contributes more because their income is higher. For example: A mother earning £50,000 per year and a father earning £150,000 per year agree to split fees one-third/two-thirds. This allows their child to remain at school without either parent feeling overstretched.

3. Capital ring-fencing: a lump sum from the couple’s matrimonial assets is set aside to cover a child’s education for a fixed period of time. For example: A couple may agree to sell a second property and use the proceeds to fund fees for the next five years, ensuring certainty while freeing up income for other expenses.

Other strategies that help to reduce costs:
● Paying annually instead of termly: some independent schools offer discounts to fees for upfront payment, though this could be a risky option if the school’s own financial situation is uncertain.

● Asking the school for help: schools are often more supportive than parents expect. Bursaries, scholarships, hardship assistance or flexible payment schedules may be available if your financial situation is changing.

When the court gets involved

If parents cannot agree, the court can step in. For divorcing couples, orders requiring payment for a child’s education can be made as part of the financial remedy process under the Matrimonial Causes Act 1973.

Where the parents are unmarried, a parent can apply for financial provision for the child under Schedule 1 of the Children Act 1989 – which may include orders for school fees, lump sums or periodical payments.

The courts will carefully consider the following:

● Each child’s welfare and best interests. Where do they currently go to school?

● What were the parents’ intentions for their child’s education?

● Affordability: Each parent’s financial situation – including their declared income, earning capacity and lifestyle – will be taken into account.

If parents disagree about affordability, the priority will always be to ensure that children’s housing and everyday needs are met first.

For high-earning couples, disputes are often not about affordability but fairness. One partner may feel that because they earn significantly more, they are expected to shoulder an unfair proportion of the cost. Courts will generally expect both parents to contribute in proportion to their means.

A school fees order:

● compels one or both parents to pay tuition and associated costs

● can reflect fee increases (inflation, progression to senior school, boarding)

● can apply to multiple children

● includes enforcement mechanisms if payments are missed

In 2021, in the High Court case of GW v GH, the judge considered whether ongoing private school fees remained realistic despite an earlier order requiring them to be paid.

 After reviewing the parents’ financial circumstances, the judge concluded that the fees were no longer affordable and that continuing them would not serve the children’s overall best interests.

 This case highlights that, even where an Order exists, the court could reduce or end the obligation if finances become too strained.

 How might this play out for your family?

If your child has only just entered private education, or if fees were virtually unaffordable even before separation, a court may conclude that a move to the state sector is a sensible option.

 On the other hand, if your child has been settled in the same private school for many years or is now preparing for GCSEs, the court may see continuity as vital and order that fees continue to be paid despite financial pressures.

What about high-net-worth cases?

For high-net-worth families, affordability can be more complicated by several factors, including:

● Trusts: parents may not directly control income from a trust, but could still benefit from substantial wealth

● Business ownership: one or both parents may draw a low salary while receiving dividends or perks such as cars or accommodation

● Offshore assets: hidden or hard-to-trace holdings may require forensic investigation

In these cases, the court will scrutinise carefully, looking beyond declared income to the lifestyle enjoyed.

Luxury holidays, high-end cars or large properties may indicate resources available to cover school fees. Investment portfolios, pensions and property holdings will all be considered.

What if a parent refuses to pay?

If your ex-partner refuses to contribute voluntarily, you can apply for a School Fees Order. Once granted, the order is enforceable. If payments are missed, enforcement options include:

● seizing assets

● deductions from salary

● charging orders against property

Seeking professional support

When organising your financial settlement and considering the ongoing payment of private school fees, a specialist family law solicitor can help you to plan carefully for the future.

 

Things to think about with your solicitor:

● Rising costs: school fees increase as children move into senior school or sixth form

● Other costs: school trips at private schools can be expensive and your child may feel rather ‘left out’ if affordability means they cannot go on any

● Inflation: most schools apply annual increases

● VAT: some schools are phasing in staged increases to absorb the impact of VAT

● Boarding: family separation may lead to relocation, making boarding necessary and therefore the school fees substantially more expensive

● University: while legal child maintenance usually ends when a child leaves full-time education at 16 or 18, many families continue to support children through university. Courts may also take higher education into account when dividing assets in high-net-worth divorce cases

 As court proceedings can be lengthy and costly, many families prefer to come to an agreement through mediation or family arbitration.

 These conciliatory methods allow you to keep discussions private, reduce conflict and find flexible solutions, avoiding a judgement being ‘inflicted’ upon you. You can read more about mediation in our article about the benefits of early collaboration in separation and divorce.

Final thoughts

If you’re facing divorce and have children in a private school, it’s vital to take a long-term view of the costs involved. Careful planning and making clear agreements will help you to ensure stability for your children and make your financial arrangements more sustainable.

At K J Smith Solicitors, we offer a free 45-minute consultation to help you understand your options and plan for the future. Certainty and stability are what your children need most – and we’re here to help you protect both.