Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Divorce in the UK is generally governed by the Matrimonial Causes Act of 1973, but when it comes to military personnel, there are specific provisions that come into play. Military divorce law accounts for various factors, including deployment, pensions, housing, and child custody. Military divorce doesn't necessarily make the process more complicated, but certain unique aspects require consideration that might not be present in civilian divorces, such as assignment or re-assignment to overseas postings, access to military benefits, and the division of military pensions.
The unique factors surrounding a military divorce indicate that in most circumstances, the advice and representation of a lawyer can be beneficial. Military pensions are a complex area and dividing these assets can be complicated, so legal counsel can be very helpful. Furthermore, where service personnel are posted overseas, legal support can help ensure that divorce proceedings are handled correctly, and all legal rights and entitlements are upheld. Issues concerning child custody and visitation provisions can become more complex in light of frequent relocations or deployments of military personnel. Lawyers can offer advice on these areas and represent your interests effectively.
Divorce cases in Bedford follow the general law of England and Wales; however, Bedford courts do consider the unique aspects of military life in divorce cases. For instance, frequent reassignments will not necessarily increase or lessen one's child custody rights. While the welfare of the child is always paramount, courts will usually seek to maintain consistent and significant contact with both parents. The division of military pensions during the financial settlement phase can be intricate due to MOD rules and regulations. Besides, local courts usually recognize spousal and child support orders from other countries.
The grounds for military divorce are the same as those for any other divorce in the UK, including adultery, unreasonable behavior, desertion, or separation for certain lengths of time.
If you’re on active duty, the court may delay divorce proceedings to ensure you're not disadvantaged while serving your country. The delay can last the entire period of the active duty and an additional 60 days thereafter.
Similar to civilian cases, courts make custody decisions based on the best interests of the child. However, the court does consider factors like deployment and relocation, which are unique to military families.
Under UK law, your military pension can be included as an asset in the divorce. The court may decide to split the pension or offset its value against other assets.
Yes, the court may award a portion of military retirement pay to an ex-spouse in a divorce settlement.
Depending on the length of the marriage and the overlap with military service, former spouses may retain full medical, commissary, and exchange privileges.
If your spouse is stationed overseas, you can still initiate divorce proceedings in the UK. However, there might be additional complexities, and you will benefit from legal support.
Yes, military service and related benefits can potentially affect the determination of income for calculating child support and alimony.
Yes, if a military parent fails to pay child support as ordered, the court can enforce the order through military pay.
Post-divorce, an ex-spouse is usually required to move out of military housing, but specifics depend on the housing policy of particular military bases and factors such as the presence of children from the marriage.
If you're seeking to understand more about military divorce, the Armed Forces Covenant provides plenty of information about support for the armed forces community when dealing with legal and family matters. The Ministry of Defence also offers guidelines about benefits and pensions affected by divorce.
If you need legal assistance in military divorce, consider contacting a law firm that specialises in military divorce and family law. Organise a consultation to explore your situation, understand your rights and entitlements, and plan your next steps.
