Schooling and education can often cause tensions between parties as parents can be in dispute about whose responsibility this should be, which can often be dictated by their own financial situations, as well as their own beliefs and experiences on tertiary education. One common question is who should pay for their child’s University fees following separation and divorce. In this article we explain how together we can navigate this often challenging time.
What is the Easiest Way for Separated Parents to Agree on University Costs?
Unfortunately, there is no one answer fits all for this question. Of course, the simplest way to resolve such a matter would be for the parties to agree between themselves, however, we understand that this is not always possible. If parties are fortunate enough to agree on who pays for University tuition fees after divorce, then we recommend a Consent Order is drawn up to finalise any agreement and sent to court for approval.
What is a Consent Order?
A Consent Order is a legally binding court order that formalises an agreement between divorcing couples or separating parents regarding their finances and property, or child arrangements. If you have reached an amicable and verbal agreement on matters including the payment arrangements for schooling and University fees and you wish to formalise this agreement then contact us today to discuss how a Consent Order can help protect your future and your future finances.
What Happens If Separated and Divorced Parents Cannot Agree on Paying for University Fees?
If an informal agreement cannot be reached, then it is likely that a court application will need to be made. This may be part of a wider Ancillary relief application covering all matrimonial finances, or a standalone application. It is more common that it is dealt with in the overall financial negotiations within separation proceedings, with the parties considering at that time whether University education is a likelihood in the future.
The court deals with university costs on a case-by-case basis and there is no “one size fits all”. It would review many different factors, but most important of all is the parties respective incomes and assessing whether or not payment of university fees is feasible after the parties’ own financial needs have been met. It may be in some cases that there is not always enough money available for a university pot to be set aside, and alternative funding options may have to be sought.
What Alternative Funding Options Exist for University Costs?
Alternative funding methods may be for tuition and living expenses which are covered by a student loan provided through Student Finance England. Student Finance England assesses a student’s eligibility for maintenance loans based on their household income (typically meaning the parent they live with the most, and sometimes, the income of any new partner). The higher the assessed household income, the less maintenance loan the student is eligible to receive on the assumption that parents will top up any difference. This assumption is not legally enforceable though, and if a parent refuses to contribute, Student Finance cannot force this.
Can a Child Apply to Court for University Fees Under the Children Act 1989?
If the payment of University fees is not dealt with in the broader scope of separation and divorce proceedings, then the child in question may have to bring an application against the relevant parent themselves once they have tuned 18.
This is done by applying for financial support under Schedule 1 of the Children Act 1989. This of course can be uncomfortable for the child, creating undue pressure on them and tension between themselves and their parent, as well leaving things to the last minute in regard to the child knowing whether they will be able to attend university. It can also be costly. Therefore, it is highly recommended that the application be dealt with by the parents well in advance of their 18th birthday.
What Should Be Included in an Agreement About University Costs?
Any agreement made should ensure to cover the following non-exhaustive list:
- Who is to pay and whether this is to be shared
- How much to pay
- What date to pay, and into what account
- What happens if the person who is paying has a change in financial circumstances and can no longer continue to pay
How Can Goodman Ray Solicitors Help With University Fee Disputes?
Disagreements over who should pay university fees after divorce or separation can be complex and emotionally challenging. Our specialist family law team at Goodman Ray Solicitors can provide clear advice on your options, whether you are negotiating with your ex-partner, considering mediation, or applying to the court to vary an existing order.
We work with you to secure the best outcome for your child’s education and financial future. To discuss your situation and receive tailored legal advice, contact Goodman Ray Solicitors today to book a consultation with one of our experienced solicitors.
Funding University Fees following Divorce FAQs
It is common for separated and divorced couples to disagree over who shall fund their child’s University fees. Family Mediation or another dispute resolution methods, such as arbitration or solicitor negotiation, is often the first step to avoid taking the matter court. A mediator helps both parents reach an amicable solution. If this is not possible, or mediation is deemed unsuitable (for example in cases of domestic abuse), the family court can decide the outcome as part of a Consent Order application.
Responsibility for university fees is not automatic. Parents may agree privately or through a Consent Order. If no agreement is reached, the court can decide based on income, financial needs, and the child’s circumstances.
Yes. If parents do not resolve the issue during divorce proceedings, once the child turns 18, they may apply to court for financial support under Schedule 1 of the Children Act 1989.
Not always. Student Finance loans are means-tested, based on household income. The system assumes parents will contribute, but this contribution is not legally enforceable.
Jennifer Crossthwaite of Goodman Ray Solicitors says “Student Finance doesn’t usually cover all university fees and living costs. While a Tuition Fee Loan covers your full tuition fees upfront, the Maintenance Loan is a financial contribution towards living costs (like rent, food, and bills) and is paid on a sliding scale based on your household income, often requiring you to find a shortfall from other sources such as part-time work”.
Contact us today
If you have any questions or wish to get legal advice on any of the topics raised above please feel free to contact us.
Call us on 020 7608 1227
