Military Divorce Lawyers
Sustaining a marriage is not easy. Having one or both parties working in the armed forces can add extra pressure, and it is always a sad occasion when a marriage breaks down. Working with specialist military divorce lawyers will help ensure your separation and divorce are handled swiftly and fairly, allowing you to move forward with minimal ill feeling and stress.
Although the law regarding divorce is the same as for civilian couples, there are additional factors in a military marriage which require attention including provision for your child’s education, housing if you are living in service housing and rights to a military pension. It is, therefore, important that, whether you are the serving partner or the civilian, you talk to a family lawyer with expertise in military divorce. Whether you are in the UK or residing overseas, you need a professional who appreciates your situation.
Aspects that require particular attention when divorcing in the armed forces include:
Your military pension, or that of your partner. A military pension is considered a shared asset as the lifestyle of living in the armed forces often prevents a partner from accessing long-term employment and pension benefits for themselves.
Child maintenance, including paying school fees if the child is in boarding school due to parents living abroad
The change of the serving partner’s Personnel Status Category and the effect on rights to Service Family Accommodation (SFA)
Redrafting of wills to reflect your divorced status
Military Pensions and Divorce
Unlike civilian pensions which are locked away until the recipient reaches a certain age, it is often possible for military personnel to access their pension once they have completed a specific number of years of service, albeit at a reduced rate. Military pensions are considered to be a joint asset, and the way a pension is divided can have an enormous effect on the income it provides for retirement.
HM Armed Forces offer some different types of pensions. To protect your financial interests, it is recommended you work with military divorce lawyers who understand these can advise you of the options you have regarding the Armed Forces Pension Schemes (AFPS) and Reserve Forces Pension Schemes (RFPS) when you divorce.
Service Family Accommodation and Military Divorce
If you live in Service Family Accommodation (SFA) it is vital that you seek legal advice from a military divorce lawyer when you and your partner begin considering separation or divorce. Once one party files for divorce, the serving partner is required to change their Personal Status Category (PStat Cat) to reflect the formal estrangement. This triggers a 93-day period for both parties to vacate their SFA home and removes the civilian’s eligibility to SFA.
Children and Military Divorce
Access arrangements for children of serving armed forces personnel can vary significantly to civilian divorce. As service personnel can be deployed at any time, it is important that military parents have acceptable care arrangements in place to cover their absence. Your family lawyer will help identify your options, so both parties are comfortable their children will always be well cared for.
For many people, divorce is the only interaction they will have with the legal system. Contact us today for expert legal advice to help with your military divorce.
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At The Family Law Experts, we work with specialist solicitors in all aspects of divorce, matrimonial, family and childcare law.
We offer an expert approach at a personal level for all our legal support. When dealing with family issues and family legal problems, our aim is to deal with each case in the least confrontational way possible, whilst still achieving the best results for our clients. We understand that when family issues arise and family relationships break down, real lives are affected, and the need for expert legal help and support is essential.