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Evening Standard
Evening Standard
Entertainment
Ekin Karasin

How Tess Daly and Vernon Kay will sort custody of their teen daughters in 'not amicable' divorce

As Tess Daly and Vernon Kay navigate their divorce, legal experts are weighing in on how the pair will sort school fees and custody.

The former Strictly host, 57, and Radio 2 DJ, 52, announced last month that they are divorcing after 22 years of marriage.

The former TV power couple admitted it had not been an “easy choice” to part ways and said they have “care and respect” for each other.

It was later claimed the split was “not amicable” and that Daly is still “seething” over Kay’s sexting scandal from 2010.

Now, lawyers have spoken to the Standard about how the exes will negotiate looking after their two daughters Phoebe, 21, and Amber, 16.

The couple will need to sort out “very specific details” - especially for Amber who is still in school - regarding uniform, trips, extra-curricular activities, tutoring and so on.

“As part of the overall financial settlement, the couple will need to consider the nature and extent of provision for the children’s education going forwards,” Buffy Wood, associate in family law at Collyer Bristow, said.

She said this may be “less relevant” for Phoebe, who is believed to have gone to drama school and university and has now moved to New York

“For Amber it will be important to decide how her schooling and associated costs, perhaps through to the end of higher education too, should be met,” Wood explained.

“Where children are already privately educated, the court is likely to try and maintain this if affordable, and in any event, the couple may wish to consider how associated schooling costs are met.”

Wood added: “They could split the costs 50/50, perhaps creating a specific education fund at the point of divorce and financial settlement, or one side may be ordered to pay more or all of it. The court will consider what is fair in the context of the overall case and assets available.

The exes with their daughters Phoebe and Amber (Instagram)
The exes with their daughters Phoebe and Amber (Instagram)

“From a practical perspective, Amber’s needs will be taken into account when the finances are decided and if agreed between the parties, very specific details can be included in the court order, for example that one party will pay for school uniform, trips, extra-curricular activities, tutoring and so on.

“Setting out clear, itemised anticipated expenditure for children, as well as for the parents, is an important part of the financial disclosure process and is usually set out in the financial disclosure form provided to the court.”

As for custody, Wood stated: “The court is unlikely to be concerned with arrangements for the couple’s children. Phoebe is now an adult, and Amber is 16 and will vote with her feet.

“Courts rarely get involved unless the child is at significant risk (exposure to criminal behaviour, for example).

“With younger children, child arrangements tend to focus on who the child lives with, and how their time is divided between each parent during term time, weekends and holidays.

“If parents are unable to agree arrangements between themselves, they are encouraged to consider mediation (where appropriate) or other forms of non-court dispute resolution, which are often preferable in terms of reducing conflict and keeping costs down.”

Kay and Daly are thought to have a £6 million fortune and both have high salaries, meaning they likely won’t need to battle it out over joint wealth.

The exes own a five bedroom Buckinghamshire home worth an estimated £3 million, which they bought 22 years ago for £1.18 million.

Last month, sources claimed Daly’s friends are furious at Kay because, at the heart of his estranged wife’s anger, is Rhian Sugden, the former Page 3 model whom Vernon was revealed to have been "sexting" in 2010.

They claimed "the ghost of Rhian" has hung over their marriage ever since, even there is no suggestion anything untoward happened between the pair.

In 2010 Kay admitted he sent explicit texts to around five women, going on to apologise to hundreds of thousands of listeners on the Radio 1 show he hosted at the time.

He interrupted the programme to tell his two million listeners he had been “foolish and stupid”.

A month later, Daly said their partnership was “worth fighting for” because they had had “10 great years together” and shared “two beautiful kids”.

The exes said in their split statement this month: “After much consideration, and with a deep sense of care and respect for one another, we have made the decision to separate amicably.

“This has not been an easy choice, but it comes from a place of mutual understanding and a shared desire for what is best for both of us.

“We remain great friends and more importantly, fully committed to our roles as loving and supportive parents, which will always be our priority.

“There are no other parties involved in this decision. We kindly ask for privacy during this time as we navigate this transition together.”

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