Military Divorce Lawyers
Expert Military Divorce Lawyers
Although the law for ending a marriage or a civil partnership is the same for those in the military and civilians, a military divorce can pose more complex issues, especially regarding military pensions. Our military divorce lawyers can offer you the best possible legal advice to guide you through all the decisions that you will need to make for yourself and your family.
What is a Military Divorce?
When it comes to military divorces, the law remains the same for those in the military and civilians.
The new no-fault divorce law update provides a simpler divorce process. As a result, the following changes were introduced for both divorce and civil partnership dissolution.
There is no need to satisfy the court with 1 of the 5 facts for grounds for divorce. As a result, you won’t need to prove adultery or “unreasonable behaviour”. Instead, you only need to confirm that your divorce has “irretrievably broken down.” Additionally, you and your spouse can now make the application for divorce together. Finally, you can no longer defend a divorce.
Despite the law on military and civilian divorces being the same, a military divorce can be a complex process with more to consider.
What is Different About a Military Divorce?
When it comes to a military divorce, there is nothing legally different about the divorce compared to a civilian’s divorce. However, there are factors in a military divorce that can make the process more complex. These are:
Housing and Child Arrangements
This can prove a complex matter if one parent is posted abroad. Divorce or separation can result in a child being unable to continue living in service accommodation or even in the same country as one parent.
Boarding School Allowances
In some cases where the child is in boarding school, the minimum parental contribution for school costs will change after the divorce.
In a military divorce, it’s not uncommon for a spouse’s Armed Forces Pension Scheme (AFPS) fund to be the largest matrimonial asset. To achieve a fair financial settlement the main options are:
Offsetting is where the value of the pension is offset either in full or part against the value of other matrimonial assets. For example, an AFPS member might keep a larger portion of the pension in exchange for the other spouse receiving a greater share of other assets.
- Pension Attachment
Pension attachment is often referred to as earmarking and provides a further lump sum or an income stream for the AFPS member’s spouse.
- Pension Sharing
Pension sharing is when the ex-spouse receives a pension credit and as a result, becomes a member of the scheme. Therefore, pension sharing provides a clean break and good benefits at retirement, including the ability to take the pension income early.
How the Court Can Structure Military Divorce Financial Settlements
As there are a lot of different types of military pensions available, an expert military divorce lawyer can help you make the best decision for you and your family. However, the courts have a few different ways in which they can structure Military Divorce Financial Settlements including:
- No settlement
No settlement can allow for both parties to have a clean break because they have similar pension agreements.
Offsetting allows for the value of pension rights to be kept by whoever has earned them. The other party will receive a bigger share of other assets to achieve a fair settlement.
- Attachment and earmarking orders
This order allows for a party to receive money either as a lump sum or in regular payments from their former partner’s pension.
- Pension sharing
Pension sharing is when a former spouse gets to share the pension, making them a member of the scheme.
Due to the number of different types of pensions getting a military divorce lawyer is essential whether you are in the military or getting divorced from someone in the military.
How Cartwright King’s Military Divorce Lawyers Can Help You
Our specialist solicitors can help you with military divorce, family law, and children law support services when needed for:
- financial matters to include pensions
- separation agreements
- spousal maintenance
- children living arrangements
- separation agreements
- civil partnership dissolution
- court orders
A military divorce can be a difficult process to navigate through which is why we want to make the process easier and straightforward for you, with the help of our expert military divorce lawyers.
In most cases, court proceedings aren’t necessary if negotiations are handled with care and understanding. Our lawyers can help individuals during each step of the divorce process, whilst focussing on getting the best result for their client.
Our dedicated family law solicitors have helped many clients through their divorce and separation proceedings, including financial settlement hearings and children disputes. We have a long history of finding compromises that work for everyone.
Contact us today for expert help and advice.