Best Military Divorce Lawyers in Exeter

1. About Military Divorce Law in Exeter, United Kingdom

Military divorce in Exeter follows the same overarching framework as civilian divorce in England and Wales, but families with service members face unique timing and asset considerations. Service postings, deployments, and relocations can affect how and when papers are served and how orders are implemented. Exeter residents often work with solicitors who understand both family law and the practicalities of military life.

Since 6 April 2022, no fault divorce has streamlined the process by removing the requirement to prove fault. This change can help service families who may have limited ability to participate fully when deployed. It also reduces potential delays caused by disputes over fault grounds. For official guidance, see the government information on no fault divorce.

Source: No-fault divorce in England and Wales

Source: Divorce, Dissolution and Separation Act 2020

In Exeter, forces personnel and their families may also need to navigate pension sharing, housing, and child arrangements. The Matrimonial Causes Act 1973 and the Family Procedure Rules 2010 remain central to determining financial settlements and welfare decisions. A solicitor with military divorce experience can harmonise service obligations with legal rights and responsibilities.

For a practical starting point, it helps to understand the balance between court processes and service life. A local solicitor can explain how a case might proceed if a partner is posted overseas or if a hearing requires video attendance. The aim is to secure a fair outcome while accommodating ongoing military duties.

2. Why You May Need a Lawyer

Legal representation can save time, reduce risk, and ensure a fair arrangement when service life adds complexity. Below are Exeter-specific scenarios where a solicitor with military divorce experience is especially valuable.

• Deployment during filing: If you are deployed and cannot attend hearings, a lawyer can manage service and court deadlines, request remote participation, and coordinate with your unit for necessary permissions.
• Pension sharing with the AFPS: If your spouse accrued a substantial Armed Forces Pension, a solicitor can negotiate a pension sharing order and ensure the AFPS is valued accurately during settlement.
• Child arrangements during posting abroad: When a parent is posted overseas, a lawyer can propose parenting time schedules that work with travel, school calendars, and time-zone issues while seeking to protect the child’s welfare.
• Serving papers to a partner overseas: If the respondent lives outside the UK, you will need specialist service and international enforcement arrangements; a solicitor can manage this process efficiently.
• Complex assets and housing: If the family home is in Exeter and there are overseas assets, a solicitor can map and value assets and identify appropriate financial orders, including lump sums and property adjustment orders.
• Protection and safety concerns: In cases involving domestic abuse, a lawyer can obtain or adjust protective measures and ensure child safety considerations are central to any order.

3. Local Laws Overview

The following laws and rules govern military and civilian divorce proceedings in Exeter and across England and Wales. They provide the framework for how assets are divided, how children are cared for, and how cases proceed through the courts.

• Divorce, Dissolution and Separation Act 2020 - introduces no fault divorce, effective 6 April 2022. It allows divorce without proving fault and guides the procedural steps for applying for a divorce order. Legislation.
• Matrimonial Causes Act 1973 - the foundational statute for divorce and financial remedy orders in England and Wales. It sets out how assets, pensions and financial claims are addressed on divorce. Legislation.
• Family Procedure Rules 2010 - governs how family cases are managed in court, including filing, case management, and documentation. Legislation.
• Armed Forces Act 2006 - provides the statutory framework for service discipline and duties, which can intersect with family proceedings when personnel are deployed on active duty. Legislation.

Recent trends in Exeter reflect nationwide practice, including greater emphasis on timely financial remedy hearings and pension sharing where military service has significant assets. For guidance on how military life affects family justice, see the government guidance on armed forces family justice. Armed Forces Family Justice.

4. Frequently Asked Questions

What is no-fault divorce and how does it work in Exeter?

No-fault divorce allows a divorce order without proving fault. In Exeter, this streamlines cases where a partner is deployed or unavailable. The process begins with a joint or sole petition and moves to a divorce order once requirements are met. See the GOV.UK guidance for details.

How do I start divorce proceedings if my spouse is deployed overseas?

Ask a local solicitor to coordinate service and court deadlines. You can file papers electronically and request remote hearings where possible. A lawyer can handle service documents abroad and keep you informed of milestones.

How long does a military divorce typically take in England and Wales?

Timelines vary by complexity. A straightforward no-fault divorce may take several months, while financial settlements can extend longer. Your solicitor can provide a more precise estimate based on your assets and child arrangements.

Do I need a solicitor or can I handle a divorce myself in Exeter?

While you can file without a solicitor, a specialist in military divorce helps with pension sharing, international service, and complex assets. An experienced solicitor reduces risks and can speed up the process through proper document preparation.

How is the AFPS pension shared in a divorce?

Pensions can be a major asset in military divorces. A solicitor will evaluate the Armed Forces Pension Scheme, determine if a pension sharing order is appropriate, and prepare the necessary court applications.

What is pension sharing and how does it work in practice?

Pension sharing transfers a portion of the pension to the other spouse as part of the financial settlement. The exact mechanism depends on the pension scheme and court orders. An adviser can explain what portion may be appropriate in your case.

How can child arrangements be decided when the service member is posted abroad?

The court prioritises the child’s welfare and stability. A lawyer may propose arrangements that accommodate deployments, school terms, and travel. Mediation and a well-drafted parenting plan can help you reach agreement.

Can maintenance be awarded and how is it calculated for military families?

Maintenance can be ordered to support a dependent spouse or child. Calculation factors include income, housing, and standard of living. Military income and allowances are assessed as part of the overall financial picture.

How much do military divorce lawyers in Exeter typically charge?

Fees vary by complexity and tenure. Expect a range that includes initial consultations and hourly rates for work such as drafting orders and attending hearings. A fixed-fee arrangement may be available for certain steps.

Do I qualify for Legal Aid for a military divorce in Exeter?

Legal Aid eligibility depends on income, savings, and the nature of the case. A solicitor can assess your eligibility and explore funded options if appropriate. This is particularly relevant for cases involving children or risk factors.

What is the process for serving divorce papers to a service member away from home?

Special rules apply for serving abroad or on active duty. A solicitor can arrange correct service channels and ensure proof of service is obtained for the court. This reduces delays and ensures compliance with court requirements.

What is the difference between the Matrimonial Causes Act 1973 and the Divorce No Fault Act 2020?

The Matrimonial Causes Act 1973 governs financial and welfare orders in divorce, while the 2020 Act introduces no fault divorce. The combination shapes how assets are divided and how divorce is initiated in service contexts.

5. Additional Resources

Access trusted government and official resources for military divorce and family justice in the UK.

• GOV.UK - Divorce and No Fault Divorce - Official guidance on divorce procedures, including no fault options. Divorce information.
• CAFCASS - Children and Family Court Advisory and Support Service - Independent service supporting decisions about children in family proceedings. CAFCASS.
• GOV.UK - Armed Forces Family Justice - Guidance for service personnel and families dealing with family justice matters. Armed Forces Family Justice.

6. Next Steps

1. Identify your priorities - List assets, debts, housing, pensions, and children arrangements. Timeline: 1-2 days.
2. Check eligibility for legal support - Confirm whether you qualify for funded assistance or reduced-fee services. Timeline: 1-2 weeks.
3. Find a specialised Exeter solicitor - Seek a lawyer with military divorce experience and strong references in Devon. Timeline: 1-3 weeks.
4. Arrange an initial consultation - Prepare a summary of your situation, documents, and questions. Timeline: 1-2 weeks after selecting a solicitor.
5. Gather documents - Collect marriage certificates, birth certificates for children, property deeds, pension statements, and income details. Timeline: 1-3 weeks.
6. Agree on a strategy - Decide whether to pursue no fault divorce, financial remedy, and child arrangements. Timeline: 1-3 weeks after consultation.
7. File the divorce petition and start financial planning - Your solicitor files paperwork and begins asset valuation. Timeline: 2-6 weeks depending on complexity.