The removal of the VAT exemption on private school fees has led many families to reconsider whether private education remains affordable for their children. The impact is felt particularly acutely by families undergoing separation and divorce, when finances are often stretched as one household becomes two, bringing duplicated costs such as mortgage or rent payments, Council Tax and utilities.
Even where children have been privately educated for many years, separation can prompt a reassessment of whether continuing that arrangement remains financially sustainable. This is particularly true where one parent never fully supported private education or questioned its value from the outset. In other cases, parents previously committed to private schooling may reconsider when it becomes clear they will likely bear a greater share of the financial responsibility for school fees after separation.
At Orwins, we are seeing more disputes between parents about whether their children should remain in private education or transfer to the state sector after a separation. While many parents can reach agreement through negotiation, others cannot.
When a dispute arises, the court's primary consideration is the child's welfare. When determining what is in a child's best interests, judges are often reluctant to disrupt a child's education by requiring a change of school unless no viable alternative exists. As a result, where resources permit, parents may face significant pressure to maintain existing educational arrangements.
The financial strain can be particularly significant where one parent is the sole earner. In many cases, that parent may be expected to continue funding school fees while also meeting obligations for child maintenance and, where applicable, spousal maintenance. The challenge extends beyond the fees themselves. Parents must also consider associated educational costs, including uniforms, school trips, extracurricular activities, equipment and other charges that can substantially increase the overall expense of private education.
In families where both parents work, a common arrangement is to share school fees in proportion to their respective incomes. Where there is a substantial disparity in earnings, one parent may assume responsibility for the fees while the other contributes towards associated costs. The precise arrangement will depend on the family's circumstances, available resources and the needs of the children.
Whatever decision is ultimately reached about a child's education, parents should address these issues as early as possible and, where feasible, reach agreement outside of court.
Early and constructive discussions can help preserve financial resources, reduce conflict and support a more positive co-parenting relationship. Most importantly, they help ensure decisions about education remain focused on the children's best interests.
For more information on the right approach, both legally and for your family to Divorce, speak to our expert - Joanna Toloczko.
