Who Pays for University Fees After Separation or Divorce?

Sep 2025 In: Family

With rising tuition costs and living expenses, university is often one of the biggest financial commitments in a young person’s life. However, when parents separate, disputes can quickly rise regarding who should contribute to university fees, and how much they should contribute.

At Cartwright King, we help families navigate these conversations, ensuring your child’s future is not put at risk.

Can Parents Decide University Costs Between Themselves?

The easiest solution is for parents to reach a mutual agreement. If you and your former partner can decide how fees and living expenses will be covered, this can save time, stress, and unnecessary expense.

To make this agreement legally binding, a Consent Order can be drafted and approved by the court. This provides both parties with certainty and protects your child’s education plans from future disputes.

What If Parents Cannot Agree?

If parents cannot settle the matter informally, the issue may need to be addressed as part of wider financial negotiations during divorce or through a separate court application.

The court will take a case-by-case approach, looking at factors such as:

Each parent’s income and financial obligations.
The overall division of assets during divorce.
The child’s specific needs, including expected living expenses.

It’s important to note that courts prioritise basic financial needs first. If resources are limited, university costs may not be treated as a priority, and alternative funding options may need to be explored.

What Funding Options Are Available Outside of Parental Contribution?

University costs are not solely dependent on parents. Students may access:

Tuition Fee Loans: These cover the full cost of university tuition, repaid after graduation once the student earns above a certain income threshold.
Maintenance Loans: These help with living costs, but are means-tested against household income. The system assumes parents will top up any shortfall, but this assumption is not legally enforceable.
Scholarships, bursaries, or part-time work: Depending on eligibility, students may supplement loans with additional income streams.

Can a Young Person Apply for Support Themselves?

If university costs are not resolved during divorce, a young adult may apply directly for financial support. Under Schedule 1 of the Children Act 1989, a child over 18 and in full-time education can seek contributions from one or both parents.

However, this step can create unnecessary tension and expense. It’s far preferable for parents to make arrangements in advance so that a child’s focus remains on their studies, not legal disputes.

What Should Be Included in a University Costs Agreement?

If parents do agree on how fees and expenses will be handled, it’s advisable to clearly set out:

Who pays what portion of tuition and living expenses.
Payment timings and the method of transfer.
Provisions for changing circumstances (e.g. redundancy or illness).
How long contributions will continue (e.g. for the full length of a degree, or including postgraduate study).

How Can Cartwright King Help?

At Cartwright King, our specialist family solicitors are experienced in resolving financial arrangements in a way that protects your child’s future and reduces conflict.

We can help you by:

Drafting and securing Consent Orders.
Advising on court applications where necessary.
Exploring alternative dispute resolution, such as mediation, to avoid lengthy litigation.

To discuss your circumstances and explore your options, contact Cartwright King’s Family Law team today.