5 types of financial order on divorce or civil partnership dissolution explained

We set out everything you need to know about financial orders — how they work, the different types and more.
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AuthorsSteven Appleton

October’s Autumn Budget introduced VAT on school fees from 1 January 2025, adding a whopping 20% to the cost of private education. For many parents, funding school fees is already a challenge — especially in light of other changes to taxation such as pensions becoming subject to inheritance tax (IHT) from April 2027.
We’re now seeing many grandparents wanting to address both challenges by taking on some of the responsibility for school fees. So, what are their best options? Here, private client lawyer Steven Appleton in our Brabners Personal team explores.
The easiest way of making provision for school fees is to pay the fees directly. Each individual can give away £3,000 from capital that isn’t brought back into account for IHT purposes if the grandparents die within seven years. Anything above this is subject to the seven-year clock and might end up being subject to IHT at up to 40% if the grandparents die within that period.
If the grandparent is fortunate enough to have a good retirement income that allows them to fully meet their needs and have money left over, the money left over can be classified as ‘excess income’. If the grandparent uses this to pay school fees, the seven-year clock doesn’t apply and the money is gifted immediately and out of their estate for IHT purposes.
If the grandparents are fortunate enough to be able to cover school fees for a number of years from capital, they could either gift the money to the child to hold for the purpose or even set up a grandchildren’s education trust.
The main benefit of the latter is that they can be trustees and get to control what happens with the money as well as when it’s paid. This would start the seven-year clock running on day one, rather than having lots of clocks running — as the case would be if they just pay the invoice as it’s issued. Some schools will also accept a payment of fees up front and might even offer a discount if you do so.
Whichever route is taken, it’s important to take advice on the options available and evidence any decisions with appropriate legal documents.
Not all of the above options will be suitable for everyone and it might be that other options present themselves depending on the circumstances of the family.
The award-winning specialists in our Brabners Personal team are able to tailor advice to your particular circumstances and challenges.
Get in touch with our legal experts today by emailing us at personal@brabners.com, calling us on 0333 004 4488 or completing our contact form below.

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