Military Divorce

Military divorce can be difficult. Trust DPP Law to help you negotiate the process with sensitivity.

Service personnel often experience strains in their relationships that do not affect civilian marriages or civil partnerships. For example, many individuals serving in the armed forces are required to spend long periods away from their family in service accommodation.

On occasion, these pressures can lead to the total breakdown of a relationship. If this occurs, a couple may consider filing for divorce.

While these types of separation are just as painful as civilian divorces, they can also be a great deal more complex. For example, a member of military personnel may be deployed overseas while the process is ongoing, making communication more difficult.

Luckily, the military law solicitors at DPP Law are experienced in providing legal services of this kind. We will guide any member of HM Armed Forces and their spouse through this difficult time with as much sensitivity and ease as possible.

How Our Military Divorce Solicitors Can Help You

The specialist solicitors at DPP Law have been providing legal advice to members of the armed forces community for over 30 years. We always handle cases of divorce and separation with the utmost understanding and sensitivity, as we know how difficult this time can be.

DPP Law employs experts in family mediation to help couples work towards a clean break with clear terms. Our team is also well-versed in the management of military pensions, so we are able to provide you with helpful advice regarding your assets.

There are five specific circumstances that can be cited when filing for divorce. These are:

  • Unreasonable behaviour
  • Desertion
  • Adultery
  • Over two years of separation (the divorce can only be granted if the spouse agrees)
  • Over five years of separation (the divorce can be granted without the spouse’s consent)

DPP Law can help to determine whether you have grounds for divorce or can help to defend against accusations of any of the above circumstances.

Our solicitors can also help you to make decisions regarding child maintenance and we are also able to negotiate matters connected with armed forces pensions, including:

  • Military pension sharing orders – where the former spouse of a service person is included in their pension scheme following a divorce
  • Military pension offsetting – where the serviceperson retains the full value of their pension and their spouse receives a bigger share of the assets involved to balance the two amounts
  • Military pension attachment orders/earmarking – where a set amount is regularly paid out from the military pension to their former spouse

There are a variety of different types of pensions available for members of the armed forces, so it is vital to seek professional legal assistance when deciding how to proceed.

Alongside the above services, our military law solicitors can advise you regarding:

Frequently Asked Questions

How are military divorces different from civilian divorces?

The variety of different military pension schemes and the ways in which those pensions may be handled following a divorce differ significantly from typical civilian proceedings.

Furthermore, members of the military are often eligible for specific family accommodation and boarding school allowances – both of which must be negotiated when a military couple separates.

There can also be additional complexities if a service person is deployed and difficult to contact during divorce proceedings.

How do I get a divorce in the military?

The first steps towards a military divorce are the same as those for civilians. Firstly, you must consider your grounds for divorce – will you be citing adultery, unreasonable behaviour or desertion?

If you’ve been living separately for more than two years, you can file for divorce with your spouse’s consent. If you have been separated for over five years, you do not need this consent.

Next, you should make contact with a registered office for military divorce law such as DPP Law. Legal experts will guide you through the process step by step.

What am I entitled to in a military divorce?

The maximum amount of a military pension that a spouse can receive is 50%. You may also be entitled to certain assets. Usually, your legal advisors will help to ensure that all properties and monies are divided in a way that ensures you and your ex-spouse benefit fairly and equally.

How long does a military divorce take?

The speed of your divorce depends on whether your spouse consents to the proceedings or decides to contest them.

There are other matters besides which may make a divorce more complex, such as the existence of dependents, the decisions relating to the division of a military pension and the ease with which each partner can be contacted (for example, if one individual is deployed overseas).

For further information and sensitive support regarding military divorce, contact DPP Law today.

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