Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
In Folkestone, as in the rest of England and Wales, military divorces are governed by the same family law framework that applies to civilians. The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce, effective from 6 April 2022, simplifying the process for service personnel who may be deployed or stationed abroad (see no-fault principles in official guidance). This shift helps service families avoid lengthy fault-based allegations during an already challenging period.
The local courts in Kent handle most standard divorce and financial proceedings, including those involving armed forces personnel. Pension sharing is a crucial factor in military divorces because service pensions are often significant marital assets. The process considers incomes, assets, and the needs of any children, with the Armed Forces Pension Scheme (AFPS 2015) frequently playing a key role in financial settlements.
No-fault divorce came into force on 6 April 2022 in England and Wales.
Armed Forces Pension Scheme 2015 (AFPS 2015) governs pension assets in military divorces.
When you are serving in the military or your spouse is, there are concrete scenarios where a family law solicitor with military divorce experience can make a meaningful difference.
The core statutes and procedural rules that govern military divorce in Folkestone include:
In practice, Folkestone residents often navigate a Kent-based Family Court pathway, with matters heard in the regional courts that sit in Canterbury or Maidstone. Timelines for standard divorces are influenced by court backlogs, case complexity, and whether financial or child arrangements are disputed. No-fault divorces generally streamline the petitioning process but can still require careful handling of pensions and children matters.
No-fault divorce removes the need to prove fault and speeds up petition processing. For service families, this reduces delays caused by allegations and focuses on asset, pension, and child arrangements. The process still requires proper documentation and court filings.
Uncontested divorces often complete within 6-9 months, while contested financial orders can extend to 12-18 months. Deployment or overseas service may add communication delays but the no-fault framework helps avoid some lengthy fault-based disputes.
A local solicitor understands Kent court procedures and local practices, which can streamline communication and appearances. They can also coordinate with military legal offices if needed and advise on pension and child arrangements specific to your location.
AFPS 2015 governs how service pensions are treated in divorce settlements. A court can order pension sharing or offsetting to ensure an equitable division of pension assets. An experienced solicitor can help you quantify the value and coordinate with the pension administrator.
Service abroad may use substituted service or other methods under CPR Part 6. Courts can permit service by email or alternative addresses when a party is deployed. The process aims to keep proceedings moving while respecting the service member's duties.
Collect your marriage certificate, birth certificates for any children, proof of income, statements for all assets, pension details (AFPS 2015), and records of any prior court orders. Also bring deployment details and addresses where notices should be sent.
English law can apply if domicile or habitual residence is established in the UK, but cross-border issues may affect jurisdiction and asset division. It is important to obtain expert advice about where to file and how pension assets are treated across borders.
Common reasons include disputed financial orders, pension sharing, child arrangements, and enforcement of orders across deployments. Safety orders or protective measures can also require court involvement if there are risk concerns.
Costs vary by case complexity, the solicitor's practice, and whether fixed-fee arrangements are available. Discuss a clear fee estimate and request a breakdown before starting work to avoid surprises.
Decree Absolute typically follows Decree Nisi by a minimum period of six weeks, provided there are no unresolved issues. If finances or assets are disputed, the timeframe may extend until those orders are in place.
Child arrangements should account for deployments, schooling, and travel considerations. Courts prefer arrangements that protect children’s interests while accommodating the service member’s duties and relocations.
Mediation focuses on negotiated settlements with the help of a neutral mediator. Court proceedings are used when parties cannot reach agreement, and the court issues binding orders on finances, pensions, and parenting.
Define your goals for the divorce, including custody, finances, and pension outcomes. Gather key documents before contacting a lawyer. Timeline: 1 week.
Check whether your case may fall under no-fault divorce and note any deployment-related timing concerns. Timeline: 1 week.
Identify and contact a Kent-based family law solicitor with military divorce experience. Ask about their approach to AFPS 2015 and cross-border issues. Timeline: 2 weeks.
Arrange an initial consultation (in person or remote). Bring your documents and a list of questions about costs and service expectations. Timeline: 1 week after initial contact.
Develop a preliminary case plan with your solicitor, including a pension sharing strategy and potential mediation. Timeline: 2-4 weeks for a draft plan.
Begin the court process if needed, or start mediation to resolve matters swiftly. Plan for contingencies related to deployments. Timeline: 1-3 months for mediation; 3-6 months for court in straightforward cases; longer for complex disputes.
Lawzana helps you find the best lawyers and law firms in Folkestone through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Military Divorce, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Folkestone, United Kingdom — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
