Diary of a Divorce Lawyer: December 2024

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Diary of a Divorce Lawyer: December 2024

In recent weeks there has been a huge amount of discussion about a wide array of societal and economic challenges facing our country. There is one policy that our new government appears completely committed to, and that’s VAT on school fees. Many parents (me included) took the VAT exemption of private school fees for granted. This is something that has seemingly always existed, and fundamental change is rare.

While much of the discourse has focussed on equality of opportunity, many of us advisers are noticing that lots of the hard-working parents, who prioritise providing their children with an independent education are being priced out. Instead, it seems that independent schooling is quickly becoming only for the super-rich. This seems a significant unintended consequence of this policy.

Most worryingly from my professional perspective, is the impact this policy is having on divorced parents. Where funds allow, it is prudent for parents to set up a school fees order to ensure that there is a clear understanding and appreciation of the financial contribution that one or both parents pay towards their child’s schooling. A 20% increase in fees is resulting in many of these arrangements becoming increasingly challenging, leading to more disharmony between divorced parents.

The last thing a child needs is a disrupted education coupled with warring parents, for the second time. So, I thought now would be a good time to provide some pointers to parents about how to navigate this challenging time.

1. Avoid lengthy and expensive litigation if possible. If you are in the process of relationship trouble, divorce, or you are through the other end, the last thing you or your child(ren) need is more legal battles. Initiating fresh litigation will likely diminish the very funds that would be better utilised towards school fees, so is best avoided.

2. Reach an agreement swiftly. Procrastination and argument will only act as a detriment to funds, relationships and most importantly, your children’s wellbeing, happiness and education. If a change of school is needed, make this decision as quickly as possible to avoid unnecessary disruption.

3. Communication is key. In some situations, relationships between the previously married pair have become so fractious that a mediator is required. While this is sad and unfortunate, needs must. But your children deserve to hear about your decision-making process in an upfront and open fashion. Offer them the opportunity to ask questions, they may introduce an idea or consideration that you both haven’t thought about!

4. Don’t delay researching alternative schools. There is little doubt that the state system is going to become overwhelmed. If a school move is necessary, make sure you visit plenty of schools and listen to plenty of recommendations.

5. Consider the practical consequences. Moving school is hard enough without running into logistical problems. If you’re relying on public transport, ensure it can be relied upon, and if you’re going to split driving responsibilities make sure the rota system isn’t going to be yet another catalyst for disagreement.

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