Private School Fees and Divorce: Securing Your Child’s Education

When couples separate, one of the biggest concerns is often how to protect children from further upheaval. For families whose children attend private school, the question of how school fees will be paid after divorce can become a difficult and emotional issue.

Continuity at school can be a real source of stability for children during a challenging time. Yet with the rising cost of independent education, maintaining that stability requires early planning and a clear financial strategy.

Rising costs and practical realities

Private school fees have continued to increase in recent years, with the addition of VAT further adding to the burden. The Independent Schools Council’s 2025 report shows that day fees average £8,000 a term (£24,000 per year) while boarding fees average just over £14,000 a term (£42,000 per year).

For many families, these figures represent a significant financial commitment. After separation, when two homes and two sets of living costs must be maintained, affordability can quickly become a concern.

What’s covered by child maintenance?

The Child Maintenance Service (CMS) only deals with basic living costs such as food, clothing and housing. It does not include private school fees, music lessons, or any other extracurricular activities.

This means that school fees must be addressed separately, either through a private agreement or, if necessary, by court order. Without an agreement in place, there is no obligation for a parent to continue to contribute beyond any existing contract signed with the school, and on which notice can be given.

Agreeing on how fees will be paid

Where possible, parents are encouraged to agree on how fees will be paid to avoid conflict and uncertainty. Contributions can be split equally or proportionally, depending on each parent’s income and financial position.

Some families choose to set aside a lump sum from matrimonial assets, such as proceeds from the sale of a property, to fund school fees for a fixed period. This provides certainty and avoids the risk of future disputes.

If the financial position of either parent changes, it is important to review the arrangement. Schools are often open to flexible payment plans or bursary applications, so it is worth exploring these options early.

When the court becomes involved

If agreement cannot be reached, the court can order payment of private school fees as part of the financial settlement under the Matrimonial Causes Act 1973, or under Schedule 1 of the Children Act 1989 for unmarried parents.

The court will consider several factors, including:

• The welfare and best interests of the child
• The parents’ original intentions about education
• The financial circumstances and earning capacity of each parent

The court’s priority is to ensure that children’s basic needs and housing are met first. For high-income families, the issue is often one of fairness, not affordability. Orders can be structured to reflect future fee increases or to cover multiple children, and can be enforced if payments are missed.

High-net-worth considerations

In high-net-worth cases, assessing affordability can be complex. Parents may have business interests, offshore assets or trusts that make it difficult to assess true financial capacity. The court will look beyond income to the overall lifestyle enjoyed, including property holdings, investments and spending patterns.

Where significant assets are involved, expert financial and legal advice is essential. The court expects full and transparent disclosure, and failure to provide it can seriously affect the outcome.

Protecting your child’s future

Every family’s situation is different, but one thing is certain: education is a long-term commitment that benefits from early planning and open communication. Whether through agreement or court order, the goal should always be to safeguard the child’s stability and well-being.

At Dean Wilson LLP, our Family team regularly advises clients on private school fees and financial arrangements in divorce, including high-value and cross-border cases. We work to find practical, fair solutions that protect your children’s education and your long-term financial security.

If you would like tailored advice on managing school fees during or after divorce, please contact our Family team for a confidential discussion.