Life in the services can put any relationship under pressure. Whilst the law for ending the marriage is the same as for civilians, the complexities of military life and especially military pensions means that you need to take expert legal advice.
If you or your spouse serves in the armed forces, there are many 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.
As you might expect, the law regarding the end of the marriage itself is the same as for any civilian couple, in that the only grounds for a divorce is the irretrievable breakdown of marriage presented through a statement of irretrievable breakdown.
Why are military divorces more complex?
There are three main factors that 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 children may 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 is a lot of information to consider.
However, it is worth noting that courts have a number of ways in which they can 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 in order 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 mean that getting expert military divorce advice at the earliest opportunity is essential, whether you are in the military yourself or are getting divorced from someone in the military.
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 the marriage is the same as for civilians, the complexities of military life and pensions means 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 are an award winning law firm and have a dedicated team of family solicitors 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 for clear guidance and next steps. Our assessment helps you understand your situation and make informed decisions. Consultation charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
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)