Trainee family law solicitor, Bronwyn Jenkins, takes a look at the intricacies of a military divorce, and how employing a specialist military divorce lawyer can be of benefit.
Going through a divorce can be a highly emotional and sensitive time for all parties involved. Whilst the divorce process is the same for military families and civilians, there are often added complexities to be considered when it comes to reaching a financial settlement in an armed forces divorce.
Whilst military divorces are similar to civillian divorces, the items for settlement can vary. We take a look at the items which may be of importance in a military divorce settlement.
If you and your family are living in military housing, the military personnel must notify their unit of the separation. From this point, the military personnel are given the opportunity to move into alternative accommodation for a period of up to 93 days. This is known as a ‘cooling-off’ period and is an opportunity for the parties to try and resolve any issues. This is also the time when non-military personnel must find alternative, suitable accommodation.
If the house is not military property and owned privately, the property will be dealt with in the same way as any other divorce.
Another important consideration in military divorces is whether payment of spousal maintenance is necessary for the non-military personnel.
Whilst it must be noted that spousal maintenance is not guaranteed and the courts are under a duty to consider whether a clean break is possible, a military lifestyle may mean that the non-military spouse may not have had the opportunity to build their own career and therefore have a limited earning capacity. This may mean that the non-military personnel are unable to meet their needs without the support of their spouse and spousal maintenance is therefore necessary.
As with all divorces, parties can make a claim on their spouses’ assets and income; including any property, pensions, savings, and personal belongings that the parties may have. Whilst this is the same for those in a military family, the Armed Forces Pensions will most likely make up a considerable amount of the available assets.
All members of the armed forces are automatically enrolled into the Armed Forces Pension Scheme; one of the most generous pensions available in the UK, therefore making it a significant asset when considering the appropriate financial settlement upon divorce.
It is therefore incredibly important that both parties obtain a full understanding of the relevant information in respect to their spouses’ pension provision, as well as reach a settlement before the divorce is finalised.
Whilst both parties will be expected to provide an up-to-date Cash Equivalent Transfer Value when trying to reach a settlement, parties to an armed forces divorce will most likely require an actuarial or a Pension Expert On Divorce (PEOD), due to the complex nature of the pension arrangements and the extensive nature of the benefits involved.
Holmes & Hills are specialist divorce solicitors in Colchester, able to advise on complex financial disputes involving significant pension provisions, and being based in Colchester, have specialist experience in dealing with military divorces. Holmes & Hills offer a one hour fixed fee initial appointment to take time to understand your personal circumstances, and offer bespoke tailored advice for your situation. Unlike free divorce advice, our fixed fee appointment allows our lawyers to give bespoke, tailored advice, according to your own personal situation.
Call us on 01206 593933 today to speak with one of our specialist divorce lawyers. Or complete the form below.
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