Who Pays the School Fees? The Court's Approach Following Relationship Breakdown

Introduction

The question of who should bear the cost of private school fees following a relationship breakdown remains a significant and often contentious issue in family law. As the cost of independent education continues to rise, and the introduction of VAT on school fees and economic pressures affect more families, disputes concerning school fees are becoming increasingly prominent within financial remedy proceedings and applications under Schedule 1 of the Children Act 1989.

The courts are frequently required to balance a child's established educational arrangements against the financial realities facing separated parents, making school fees an area where legal principles and practical considerations are carefully scrutinised.

This webinar will examine the court's approach to school fees, the key factors influencing judicial decision-making and recent trends in the case law.

What You Will Learn

This webinar will cover the following:

• Overview
• Why they are relevant, current challenges, costs and VAT
• Statutory framework / authorities
• CMS v School Fees - Dickson v Rennie
• School fees orders
• Types of Orders that can be made by the court
• Common additional costs
• The Court’s approach
• M v M - educational continuity
• Re G - welfare and stability
• BD v FD - affordability, sustainability, realistic budgeting, housing priorities
• Practical developments
• Bonus income, disputes over extras
• More review clauses
• OS v DT
• Schedule 1 Applications - Re P (Child: Financial Provision)
• Variation Applications - North v North, WD v HD
• Practical tips and key takeaways

This pre-recorded webinar will be available to view from Wednesday 17th February 2027

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