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Free Guide to Hiring a Family Lawyer
Military divorce in Mansfield is governed by the family law of England and Wales. There is no separate system of military divorce courts - service personnel and their spouses use the same civil courts and legal processes as civilians. That said, military life brings specific issues that can make a divorce more complicated - for example, active deployment, frequent postings, special pension and compensation arrangements, and security or confidentiality concerns.
Since 6 April 2022 the law in England and Wales uses a no-fault divorce system. The court will no longer require proof of adultery, unreasonable behaviour, desertion or separation as a reason for divorce - the applicant simply states that the marriage has irretrievably broken down. Financial settlements and arrangements for children remain separate matters and are decided under established family law principles.
Military divorces often raise issues that make legal advice more important than in many civilian cases. Common situations where specialist help is useful include:
- Division of military pensions and other service-related benefits - valuing and sharing these assets can be complex.
- One spouse being deployed overseas or posted abroad during proceedings - this affects service of documents, attendance at hearings and arranging child contact.
- Complex finances - service compensation, tax implications, property held overseas, or assets tied to the Armed Forces.
- Children - arranging contact when a parent may be deployed, school transitions, or disputes over habitual residence.
- Need for urgent court orders - such as child arrangements, non-molestation or occupation orders, especially where safety or welfare is at risk.
- Confidentiality or security concerns - cases where evidence or proceedings might involve sensitive information linked to national security or unit operations.
A solicitor experienced in military or public-sector pensions and family law can help protect your rights and negotiate fair outcomes.
Key legal points relevant to military divorce in Mansfield and across England and Wales include:
- Jurisdiction - Family courts in England and Wales have jurisdiction over divorces where at least one party is habitually resident or domiciled in England and Wales. Mansfield residents will generally use the local Family Court or a regional Family Court hearing centre.
- No-fault divorce - the Divorce, Dissolution and Separation Act 2020 introduced a single ground of irretrievable breakdown. The process involves an application, a conditional order and a final order - the court will not attribute blame.
- Financial remedy - financial outcomes are decided separately from the divorce itself. Courts use principles of fairness, looking at the welfare of any children, the parties needs, the standard of living during the marriage, and contributions by each party. Orders can include property adjustment orders, clean breaks, maintenance and pension orders.
- Military pensions and benefits - Armed Forces pensions and certain service-related payments are treated as assets for the purpose of division. Courts can make pension sharing orders, pension attachment orders or adjust financial settlements to reflect pension value. Specialist valuation may be needed.
- Child arrangements - the Children Act 1989 applies. The court’s primary consideration is the welfare of the child. Deployment, postings and schooling can affect arrangements for residence, contact and parental responsibility.
- Protective orders - the family court can grant non-molestation orders and occupation orders where needed to protect a spouse or children from harm.
- Legal aid and mediation - legal aid for family cases is limited and based on financial eligibility and the nature of the case. Mediation is encouraged and, in many cases, required to be considered before certain court proceedings are issued.
The formal divorce process itself is the same as for civilians, but military life can create practical and financial complications. Deployment and postings affect timing and attendance. Military pensions and service benefits are important assets that may need specialist valuation and treatment. Security and confidentiality issues can also arise.
Yes. Military pensions are treated as part of the financial assets and can be taken into account in a financial settlement. Courts may make pension sharing orders or adjust other assets to reflect the pension value. Because public service pension rules can be technical, a pension expert or solicitor experienced with Armed Forces pensions is often needed.
Deployment can delay parts of the process, but it does not prevent a divorce. Documents can be served abroad, and hearings can sometimes be arranged to accommodate deployment, including remote attendance. Legal advice is important to ensure service and timetable requirements are met.
No-fault divorce means neither party has to prove blame. This can reduce conflict and is often helpful where the serving spouse is deployed or where sensitive issues should not be aired publicly. Financial and child matters still need to be resolved separately.
The court decides child arrangements based on the child’s welfare. Deployment and frequent moves are relevant factors. Courts may make arrangements that allow a deployed parent to maintain contact by phone or video, set supervised contact, or agree an alternative schedule to reflect postings and schooling.
Legal aid for family law is limited and depends on your income, capital and the issues involved. Cases involving domestic abuse, child protection or where there is a risk to life or liberty may qualify. You should check your eligibility with your local Citizens Advice or a solicitor. Many firms offer initial consultations at fixed fees.
Not always. Many hearings can be conducted remotely by telephone or video link, though some hearings - particularly final hearings or contested child welfare hearings - may require in-person attendance. The court will consider deployment and operational requirements when scheduling.
Valuing an Armed Forces pension often requires a specialist actuarial report or pension expert. The valuation depends on the scheme rules, length of service, and whether benefits are indexed. Solicit advice early so pension values can be incorporated into settlement negotiations or a court application.
If you or your children are at immediate risk, contact the emergency services. You can apply to the family court for non-molestation and occupation orders for protection. Unit welfare officers and military charities can also provide emergency support and accommodation. Seek legal advice promptly to pursue protection orders.
Timescales vary. The minimum timescale for the divorce process under the current law is usually a few months from application to final order if the financial and child matters are straightforward. Complex financial disputes, pension valuation or disagreements over children can extend the process significantly. Delays can also arise because of deployment or difficulty with serving documents abroad.
For practical support and specialist guidance consider contacting or researching the following types of organisations and bodies. These can help with legal referrals, welfare support and pension information:
- Ministry of Defence and Veterans pensions administration - for information on military pensions and benefits.
- Veterans UK - administrative support for pensions and service records for former personnel.
- Service charities - such as SSAFA or the Royal British Legion - for welfare support, advice and crisis assistance.
- Service Families Federations - Army Families Federation, Naval Families Federation, RAF Families Federation - for advice specific to life in the services.
- Citizens Advice - for initial advice on procedure, legal aid eligibility and local support.
- Law Society and Solicitors Regulation Authority - to find regulated family solicitors and check credentials.
- Family Mediation Council - to find accredited family mediators.
- Local Family Court or HM Courts & Tribunals Service listings - to confirm the correct court centre for hearings and filing.
If you are considering or facing a military divorce in Mansfield, the following practical steps will help you move forward:
- Gather documents - marriage certificate, service records, payslips, pension statements, bank statements, property deeds, and records relating to children (school details, medical records).
- Get specialist legal advice - look for a family solicitor with experience in military or public-sector pensions, and in children law if relevant.
- Consider mediation - if you and your spouse can negotiate, mediation can save time and costs and is often required before contested hearings on finances or children.
- Check legal aid - contact Citizens Advice or a solicitor to see if you qualify for legal aid or alternative funding arrangements.
- Contact unit welfare - your unit or station welfare officer can provide immediate practical help and information about rights and entitlements.
- Protect safety - if you are at risk, seek emergency help, and talk to a solicitor about urgent protective orders.
- Plan for deployment-related issues - note deployment dates, childcare arrangements and possible need for remote communications at hearings.
Getting early, specialist advice will help secure a fair outcome and reduce the stress of the process. If you are unsure where to start, an initial consultation with a family solicitor who understands military life is a sensible first step.
