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Ending a marriage or long-term relationship is stressful and emotional and there are often added complexities to consider if one or both partners serve in the Armed Forces.
When a relationship within the Armed Forces breaks down, there are likely to be additional issues to consider that civilian couples and families don’t have to face, such as eligibility for allowances, and entitlement to Service Family Accommodation (SFA).
Our military divorce solicitors specialise in navigating the unique challenges that arise when military personnel and their families face marital breakdown.
We provide expert guidance on matters such as pensions, property division, child custody, and spousal support.
Our solicitors familiar with armed forces divorce laws understand the intricacies of service members' entitlements, deployments, and the impact of military life on family dynamics.
We offer personalised advice, help clients understand their rights, and strive to achieve fair settlements or court outcomes.
Your local military divorce solicitors at SMR can assist with matters including:
- Separation agreements
- Spousal maintenance
- Child living arrangements
- Civil partnership dissolution
- Court orders
- Financial matters including pensions
Our military divorce solicitors are approachable and efficient and will help you through the divorce process ensuring you reach the best possible outcome.
We help clients across the whole of West Sussex, providing a flexible service so that you can contact us in the way that best suits you, including meeting face-to-face, speaking via video link or by telephone or email.
Speak to our military divorce solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our expert military divorce lawyers.
BOGNOR REGIS CHICHESTER EAST WITTERING SELSEY
Our military divorce solicitors’ fees
We know that it is important for our clients to know exactly how much our services will cost, so we make sure that our fees are clear from the outset. We provide some services on a fixed fee basis.
Where a situation is more complicated and not suitable for fixed fees, we will agree on an hourly rate with you based on the level of expertise needed.
If you would like to enquire as to the cost of using our solicitors for a military divorce in the UK, please contact us, and we will be happy to answer all of your questions.
Military divorce explained
What am I entitled to in a military divorce?
In a military divorce you are entitled to a fair division of marital assets and liabilities. The court will consider various factors, including the length of the marriage, the needs of any children, and each party's financial resources.
This may involve the division of pensions, property, savings, and other assets acquired during the marriage.
Child custody and support arrangements will also be determined based on the best interests of the child.
It's important to consult with a family law solicitor who specialises in military divorces to understand your specific entitlements and rights within the legal framework.
How do I get a divorce in the military?
To get a divorce in the military there are several steps to follow that are similar to a civilian divorce. Firstly, it is important to consult with a family law solicitor experienced in military divorces.
You will then need to determine the appropriate court for jurisdiction based on residency or deployment. After this, you must make a divorce application. In England and Wales, you can now do this with your spouse in a joint application or by yourself. Under the new no-fault divorce rules in England and Wales, the divorce process is now relatively straightforward.
As part of the divorce process, you will need to divide your finances and make arrangements for any children, including arrangements for child support following your military divorce. In most cases, these matters can now be agreed amicably between divorcing spouses, but if this is not possible, you may need to apply to a court to decide these matters.
How long does a military divorce take?
The duration of a military divorce can vary depending on several factors. The actual legal process of ending your marriage now takes a minimum of 6 months under the new divorce rules in England and Wales, but the time to reach a settlement and make child arrangements can be more variable, depending on the circumstances.
If you can agree a financial settlement and any child arrangements voluntarily, then this can often be achieved in around 6-12 months. If court proceedings are needed though, this can take significantly longer as you will need to wait for a hearing date.
How does divorce work in the military?
Divorce in the military generally follows a similar process as civilian divorces. The key difference lies in addressing certain unique aspects related to military life.
The steps typically involve filing a divorce application, then applying for a Conditional Order to progress the divorce and a Final Order to legally end the marriage. You will also need to resolve issues such as division of assets, child arrangements and child maintenance.
Military-specific factors such as deployment, military pensions, and benefits may need to be considered.
It is advisable to consult with a family lawyer experienced in army divorces to navigate the intricacies of the process.
What is an Armed Forces Pension Sharing Order?
An Armed Forces Pension Sharing Order is a court order that allows for the division of military pension benefits between divorcing spouses.
It is a mechanism to ensure a fair distribution of the pension accumulated during the marriage. The order specifies the percentage or amount of the pension to be transferred from the serving or retired military member to their former spouse.
This can be done by creating a separate pension arrangement for the ex-spouse or adjusting the existing pension scheme. The order takes into account factors such as the length of the marriage and each party's financial needs.
Can I claim my ex-husband’s army pension after divorce?
It is possible to claim a portion of your ex-spouse's army pension after divorce in certain circumstances.
The court can issue a Pension Sharing Order, which allows for the division of pension benefits acquired during the marriage.
This order enables you to receive a percentage of your ex-spouse's army pension, either as a separate pension arrangement or an adjustment within the existing scheme.
The court considers various factors, including the length of the marriage and the financial needs of both parties.
It is possible that as a military spouse, you could claim 50% of a serviceperson's pension after being married for 10 years.
It's advisable to consult with a family law solicitor to understand your specific entitlements and the process involved.
What resources and support are available to military personnel and their spouses during the divorce process?
During the divorce process, military personnel and their spouses have access to various resources and support.
Service charities like SSAFA offer practical support and information on housing, finances, and employment.
The Army Families Federation and other service-specific organisations provide specialised advice and support tailored to the needs of military families.
Military chaplains, legal assistance offices, and community-based organisations also offer emotional and legal support.
It is also sensible to consult with a divorce solicitor who specialises in military divorces to understand your specific entitlements and legal rights.
Speak to our military divorce solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our expert divorce lawyers in Chichester, East Wittering, Selsey or Bognor Regis.
