Life in the services can put any relationship under pressure. While getting a divorce in the military is the same as for civilians, the complexities of military life, and especially military pensions, mean that you need to take expert legal advice.
If you or your spouse serves in the armed forces, there are extra pressures on your relationship, whether it's a marriage or a civil partnership.
Sadly, long separations and other difficulties can lead to the breakdown of relationships, and if that day comes, you'll need expert advice to help negotiate the challenges of a military divorce.
The law treats the end of a military marriage the same way as a civilian couple getting a divorce. The only required grounds for divorce are to show that the marriage has irretrievably broken down, as explained in a statement of irretrievable breakdown. A military divorce lawyer can help make this process easier to understand and navigate.
Why are military divorces more complex?
Three main factors make military divorces more complicated than civilian divorces:
• Housing and child arrangements: Where one of you is posted abroad, for example, and the divorce or separation means that the children might not be able to continue living in service accommodation or even in the same country as one parent
• Boarding school allowances: Where the minimum parental contribution for school costs changes after divorce
• Military pensions: These can be far more complicated than other types of pensions, making it harder to establish a fair financial settlement on divorce
With so many types of military pensions available – from AFPS 1975 to RFPS 05 – there's a lot of information to consider.
However, it's worth noting that courts have a number of ways to structure divorce financial settlements in cases of military divorce.
These include:
No settlement: Where both parties can have a clean break because they have similar pension arrangements
Offsetting: Where the value of pension rights is kept by whoever has earned them, and the other party gets a bigger share of other assets to achieve a fair settlement
Attachment: (in England and Wales) and Earmarking Orders (in Scotland). Where one party receives money either as a lump sum or regular payments from their former spouse's pension
Pension sharing: Where a former spouse gets to share a pension, making them a member of the scheme in their own right
The range of pension options alone means that getting expert advice at the earliest opportunity is essential, whether you're in the military yourself or are divorcing a military spouse.
Why choose Slater and Gordon's military divorce lawyers?
At Slater and Gordon, our military divorce lawyers have the experience to help you deal with every scenario. The law for ending your marriage is the same as for civilians, but the complexities of military life and pensions mean that you need to take expert legal advice.
How your divorce is handled will affect the rest of your life: from your relationships with any children you might have to your ability to retire with a decent pension.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
We're an award-winning law firm and have a dedicated team of military divorce lawyers near you to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation with us for clear guidance and next steps. Consultations are charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so our divorce lawyers for military personnel and spouses can provide tailored advice and guidance to suit your individual needs.
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