GUIDE • CHILDREN ARRANGEMENT SOLICITORS
School fees
For many families, keeping children at the same school through a separation is a priority, providing continuity at a time of significant change. Where children attend a fee-paying school, the question of who will pay, and whether the family can still afford it, is often one of the most important issues to resolve. This guide explains how school fees are dealt with on separation and divorce, and what happens when parents disagree.
Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026
KEY POINTS
- Child maintenance calculated by the Child Maintenance Service does not cover private school fees.
- The court can make a school fees order as part of a financial settlement, or for unmarried parents under Schedule 1 to the Children Act 1989.
- Who pays depends on each parent's means and the arrangements in place before separation.
- Where parents disagree about schooling, the court can decide which school a child should attend.
- VAT on school fees since January 2025 has led many families to review their arrangements.
Are school fees covered by child maintenance?
No. Child maintenance calculated by the Child Maintenance Service covers a child's everyday costs, but it does not include private school fees. These must be agreed separately between the parents or decided by the court. On divorce, the court can include a school fees order in the financial settlement, requiring one or both parents to pay the fees, and often the extras on the school bill, such as uniforms, trips and music lessons. The court has this power even where child maintenance is otherwise dealt with by the Child Maintenance Service.
How does the court decide who pays?
The court will look at each parent's income, capital and other commitments, alongside the overall financial settlement. It will also consider the arrangements before the separation: if the children have been privately educated and both parents supported this, the court is more likely to try to preserve that continuity, provided the family can realistically afford it. Fees may be paid by one parent alone or shared, sometimes in proportion to income. Where affordability is uncertain, the order may be limited, for example to a particular stage of education.
What if we disagree about private schooling?
Choosing a child's school is a major decision that should be agreed between everyone with parental responsibility. If parents cannot agree, whether about private or state education or a particular school, either can apply to court for a specific issue order. The court will decide based on the child's welfare, taking into account their needs, wishes and current schooling, as well as whether the fees can realistically be funded. It is unlikely to order a child to attend a private school if there is no adequate means of paying for it.
If you need advice about school fees or your child's education, please speak to one of our family solicitors in confidence.
How long do school fees orders last?
A school fees order usually continues until the child finishes secondary education, although it can be limited to a particular school or stage. Child maintenance through the Child Maintenance Service ends when a child leaves full-time secondary education, so it does not cover university. However, the court can order financial support for a child in further education, and parents may agree contributions to university costs as part of a wider settlement. These arrangements are best set out clearly in the order to avoid later disputes.
What about VAT on school fees and rising costs?
Since 1 January 2025, VAT at 20% has applied to private school fees, significantly increasing costs for many families. Fees also typically rise each year. Where a school fees order was made before VAT was introduced, a parent who can no longer afford the fees should first try to agree a revised arrangement with the other parent. If that is not possible, it may be necessary to ask the court to vary the order or, if a change of school is proposed, to apply for a specific issue order. Any new settlement should build in allowances for future fee increases.
What if we were never married?
Unmarried parents cannot apply for a financial settlement on divorce, but they can apply for financial provision for their children under Schedule 1 to the Children Act 1989. This can include an order for school fees, as well as lump sums and housing provision for the benefit of the child. The court considers similar factors, including each parent's resources and the child's needs.
Common questions
A father with parental responsibility has the same say as the mother in major decisions about the child. There’s no automatic right to equal time, but the court starts from the position that a child benefits from both parents being involved, unless that would put the child at risk.
Cafcass is the Children and Family Court Advisory and Support Service, which represents children’s interests in family court cases in England. It carries out safeguarding checks and, where needed, prepares reports on the children’s welfare and wishes. In Wales, the same role is carried out by Cafcass Cymru.
IN THIS GUIDE
Are school fees covered by child maintenance?
How does the court decide who pays?
What if we disagree about private schooling?
How long do school fees orders last?
What about VAT on school fees and rising costs?
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An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
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