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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34234
Experience:  25 years experience of all aspects of family law
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Divorce & Savings for childrens education

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Hi, when we divorced, my ex-husband and I agreed that we would keep a lump sum, to which we would add a certain amount monthly, for our two children's further education. This was stipulated in the divorce and has gone ahead as intended. The lump sum and my ex's contributions are in one account in his name, my contributions are in a separate account in my name. Both children are now over 18. Who actually owns the money?

Thank you for the question
I shall do my best to assist you but I need some further information first.
What is the exact wording of the order relating to this account?
Customer: replied 4 years ago.

Hi Claire -


re. the lump sum from the divorce -

"£5,877 into the parties joint savings account (name & acc no) to be used for the funding of the children's further education"


(I've never had access to this account)


Re. ongoing payments -

"...respondent and petitioner will retain the jointly owned (Life investment plan, no xxx) on the basis that the funds therein shall be used for the further education of the children of the family. The monthly premiums shall be paid for as to one third by the petitioner and two thirds by the respondent."


(Again, I've never had access to this account and have therefore paid my third into a separate savings account. From what my ex has said, all funds are in the same account - not sure which of the above).


Both children are now over 18, and the elder of the two (20) is not going into further education. They both need access to the funds, one for legitimate reasons to support his education, the other for perfectly reasonable non-educational use. My ex-husband seems reluctant to part with any of it unless used solely for direct payment of tuition fees.


Thanks -



Hi Sally
The Money belongs to you both and you both need to agree how to deal with the funds given that only one of your children is going into further education.
You should try and discuss matters with your ex using Family mediation.
A trust was set up with the purpose of funding education - you both have to decide whether you are content for one child alone to benefit or if the monies should be used for the benefit of the other child as well
I hope that this is of assistance - please ask if you need further clarification
Customer: replied 4 years ago.

That's great Claire - thank you, XXXXX XXXXX where we stand.

You are most welcome I hope all goes well
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