Armed Forces Family Law Solicitors
Specialist family law advice for serving personnel, veterans and Armed Forces families
Divorce and separation can involve difficult decisions about your family, finances and future. When one or both of you has served in the Armed Forces, there can be additional issues to consider, particularly after a long military career.
At Nash & Co Solicitors, our specialist family law solicitors advise serving members of the Royal Navy, Royal Marines, Army and Royal Air Force, as well as veterans, spouses and partners. We can help with divorce and separation, Armed Forces pensions, complex financial settlements and arrangements for children.
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Understanding your circumstances and what matters to you
For those who have spent many years in the Armed Forces, the financial position can be particularly complex. You may have built up significant pension benefits across one or more Armed Forces Pension Schemes. There may also be property, savings, investments, other pensions and substantial income to consider.
If you are the spouse or civil partner of someone who has served in the forces, you may have very different concerns. You might be wondering where you will live, what happens to the Armed Forces pension, whether you will have enough income and pension provision of your own and what your financial future will look like after a long marriage.
You do not need to have all the information before you speak to us.
You may only be starting to think about separation. You may already have decided that your marriage is over, or your husband or wife may have told you that they want to divorce and you are trying to understand what that means for you.
Getting specialist advice early can help you understand where you stand, what you need to think about now and which decisions do not need to be made immediately.
Our Family Law team is based in Plymouth, a city with a long and continuing connection to the Armed Forces, particularly the Royal Navy and Royal Marines. However, you do not need to live in Plymouth, Devon or Cornwall to work with us. We advise Armed Forces personnel, veterans and their families throughout England and Wales.
Family law advice that understands the realities of an Armed Forces career
The law that applies when a member of the Armed Forces divorces is not a separate system of family law. However, military life can create financial and practical considerations that require a careful approach when a marriage ends.
A long Armed Forces career can mean valuable pension rights, periods spent living in Service accommodation and differences between the careers, earnings and pension provision of each spouse.
For senior and long-serving personnel, the financial arrangements can be particularly important. Years of service may have resulted in substantial Armed Forces pension benefits alongside property, savings, investments and other assets.
At the same time, the non-serving spouse may have a very different financial position. Over a long marriage, decisions about childcare, work and family life may have affected their own career prospects and opportunities, earning capabilities and ability to build their own pension provision.
After many years together, those differences can suddenly feel very significant.
Our role is to understand the whole picture.
We will take the time to understand your marriage, family circumstances, career and finances before advising you about your options. Whether you are the serving member, a veteran or the spouse or civil partner of someone who has served, our focus is on helping you make informed decisions and reach a fair and workable outcome.
call Speak to one of our Family Solicitors on 01752 827030
Divorce and separation for Armed Forces personnel and their spouses
The legal process for divorce is broadly the same whether or not either person is a member of the Armed Forces.
However, the divorce itself is often only one part of what needs to be resolved.
You may also need to decide what happens to your home, Armed Forces pension and other pensions, savings, investments and other assets. There may be questions about maintenance, future income and what arrangements should be made for your children.
These issues can have consequences lasting far beyond the divorce itself.
That is why we look at the divorce, finances and family arrangements together rather than treating each issue in isolation.
Divorce does not automatically end your financial ties
It is important to understand the difference between getting divorced and resolving your finances.
The Final Order legally ends your marriage. It does not, by itself, determine what happens to your property, pensions, savings and other assets or necessarily bring financial claims between you to an end.
If you reach an agreement about your finances, it will normally need to be recorded in an appropriate financial order and approved by the court to make it legally binding.
Depending on your circumstances, it may be possible to achieve a clean break, bringing future financial claims between you to an end. In other cases, ongoing arrangements such as spousal maintenance may be appropriate.
This distinction can be particularly important where substantial Armed Forces pension benefits are involved.
Before applying for the Final Order or making informal agreements about your finances, it is sensible to understand the financial consequences and take advice about the right order of events.
Divorce after a long Armed Forces career
The longer a military career and marriage have lasted, the more there may be to consider when a relationship comes to an end.
For someone who has served for many years, an Armed Forces pension can represent one of the most significant assets built up during the marriage. There may also be a family home, additional properties, savings, investments, other pensions and other assets to take into account.
Your respective financial circumstances may also look very different.
One spouse may have progressed through a long military career while the other has worked in a different sector, taken greater responsibility for childcare or made different career decisions during the marriage to support the family as a whole.
If you are the serving person, you may feel strongly that your Armed Forces pension represents decades of service and something you have worked hard to build.
If you are their husband, wife or civil partner, you may see things differently, particularly if decisions made around family life and the demands of a military career affected your own opportunities to work, progress your career or build a pension. Contributions can look different depending on which role you have played.
These can be difficult conversations.
Our job is not to take assumptions made by either person at face value. It is to help you understand how family law applies to your particular circumstances, what needs to be considered and what a fair financial settlement could look like.
If you are the spouse of someone serving in the Armed Forces
It can be daunting to face divorce after many years of building your life around your partner's Armed Forces career.
You may have moved home during the marriage, taken greater responsibility for children or made decisions about your own work and career around family circumstances. You may have considerably less pension provision of your own.
You might also know very little about your spouse's Armed Forces pension or other aspects of the family finances.
That does not mean you need to work everything out before speaking to a solicitor.
We can help you understand what financial information needs to be obtained, what assets and pensions need to be considered and what questions need to be answered before decisions are made.
The fact that an asset or pension is held in your spouse's name does not mean that it should automatically be ignored when your financial settlement is considered.
Equally, our role is not to create conflict where it is unnecessary. It is to make sure you understand your legal position and have the information you need to make sensible decisions about your future.
Armed Forces pensions and divorce
For many Armed Forces divorces, the pension is one of the most important parts of the financial settlement.
After 10, 20 or more years of service, Armed Forces pension benefits can be substantial. They can also be more complicated to understand than simply looking at a figure on a pension statement.
There are three main Armed Forces Pension Schemes:
Armed Forces Pension Scheme 1975 (AFPS 75)
Armed Forces Pension Scheme 2005 (AFPS 05)
Armed Forces Pension Scheme 2015 (AFPS 15)
Depending on when the serving person joined, their service history and changes between pension schemes, their pension rights may involve more than one scheme.
Reserve Forces pension benefits may also need to be considered where relevant.
When you divorce, pension rights form part of the financial circumstances that need to be considered. This does not automatically mean that an Armed Forces pension will simply be divided equally between you.
The appropriate outcome depends on the circumstances of the marriage and the wider financial position.
Why Armed Forces pensions need careful consideration during divorce
It can be tempting to concentrate on assets that feel more immediate.
The family home is tangible. You know approximately what it is worth and whether there is a mortgage. Savings and investments can usually be identified relatively easily.
A pension can feel much more distant, particularly if retirement is many years away and it may not feel so important but it is.
After a long Armed Forces career, pension benefits may represent a very significant part of the overall financial picture.
Overlooking them, or agreeing how they should be dealt with without properly understanding them, could have consequences many years into the future.
The value provided for a pension is an important starting point, but it does not necessarily tell you everything you need to understand about the benefits the pension may ultimately provide.
Depending on the circumstances, specialist pension advice may be appropriate alongside legal advice. This can be particularly important where pension benefits are substantial, benefits exist under different schemes or a proposed settlement involves comparing pension rights with property or other assets.
Our Family Law team can help you identify what pension information is needed, understand how the Armed Forces pension fits into the wider financial settlement and, where appropriate, work alongside specialist pension experts.
What can happen to an Armed Forces pension in divorce?
There are different ways pensions can be taken into account when reaching a financial settlement.
One option is a Pension Sharing Order. This provides for a specified percentage of pension rights to be allocated for the benefit of the other spouse, creating separate pension rights following divorce.
Another possibility is Offsetting. This is where pension rights are considered alongside other assets and one person retains more of their pension in exchange for the other person receiving a greater share of another asset.
For example, someone might suggest that one spouse keeps more of the equity in the family home while the serving spouse retains more of their pension.
That can sometimes form part of a settlement, but it needs careful consideration.
A pension and a property are very different types of asset. Simply comparing their headline values may not provide a reliable basis for deciding whether an exchange is fair.
Pension attachment arrangements may also arise in some circumstances, although these operate differently from pension sharing.
The appropriate approach depends on your individual circumstances, including the pension benefits involved, your ages, incomes, other assets and what each of you will need in the future.
What if I have benefits in AFPS 75, AFPS 05 and AFPS 15?
Long-serving personnel may have pension benefits connected with more than one Armed Forces Pension Scheme.
That is one reason why Armed Forces pensions can become a particularly important part of a divorce involving someone with a substantial service history.
You should not assume that all Armed Forces pension benefits operate in the same way or become payable at the same time.
Understanding exactly what pension rights exist is therefore an important part of the financial disclosure and settlement process.
Where appropriate, further specialist pension analysis can help you and your solicitor understand the benefits involved and consider different settlement options.
Could the 2015 Pension Remedy (McCloud Remedy) affect my divorce?
If you have a long Armed Forces career, the 2015 Pension Remedy, sometimes referred to as the McCloud Remedy, may be relevant when your pension is considered as part of a divorce.
The Remedy was introduced following changes to public service pensions and can affect eligible members with pensionable service during the period between 1 April 2015 and 31 March 2022.
This can matter in divorce because the Remedy may affect pension benefits and, in some circumstances, calculations associated with Pension Sharing Orders.
If your Armed Forces service means you may be affected by the 2015 Pension Remedy, this should be identified when pension information is obtained and your financial settlement is considered.
Depending on your circumstances, specialist pension advice may also be appropriate before an agreement is reached.
Is my spouse automatically entitled to half of my Armed Forces pension?
No. There is no automatic rule that an Armed Forces pension must simply be divided 50/50.
Pensions form part of the wider financial circumstances considered when a marriage ends.
The appropriate financial settlement will depend on a range of factors, including the length of the marriage, the financial resources available, each person's income and earning capacity, their financial needs and the needs of any dependent children.
The pension therefore needs to be considered alongside the rest of the financial picture.
Equally, it should not be ignored simply because it belongs to the person who served.
This is an area where assumptions can be costly. Whether you are the pension scheme member or their spouse, understanding the pension properly before agreeing a settlement is important.
Divorce when you are approaching the end of your Armed Forces career
Divorce can feel particularly significant if it happens as you are approaching retirement or preparing to leave the Armed Forces.
You may have spent decades planning for a particular financial future. Your pension, retirement income, home and savings may all have been built around the assumption that you and your spouse would remain together.
Separation can require those plans to be reconsidered.
There may be questions about when pension benefits become payable, what income each of you will have in retirement, where you will both live and whether either of you intends or is able to continue working.
If you are transitioning into civilian employment, your future earnings may also look different from those you received during your Armed Forces career.
For your spouse, retirement may bring different concerns. They may have expected to share in a particular standard of living during retirement but have much less pension provision in their own name.
These issues make it particularly important to look beyond the immediate division of assets and consider what the settlement means for both of you over the longer term.
Complex financial settlements following an Armed Forces divorce
For senior and long-serving Armed Forces personnel and their spouses, divorce can involve considerably more than deciding what happens to the family home.
A financial settlement may need to consider:
the family home and other property
Armed Forces pension benefits
private or workplace pensions
savings and investments
income and future earning capacity
debts and other financial commitments
business interests or company shareholdings
other valuable assets
spousal maintenance
the future financial needs of both people and any children
The starting point is understanding what you have before deciding what should happen to it.
You do not need to know everything about your finances before speaking to us
In some marriages, one person has always dealt with most of the finances.
If that is you, you may know exactly what you own, what pensions you have and where everything is held.
If it is your spouse, you may have only a general understanding of the family finances.
That can leave you feeling at a disadvantage when separation begins.
You do not need to arrive at your first meeting with us knowing the value of every pension, investment and account.
We can help you identify what information is needed and explain the financial disclosure process. Where information is missing or further clarification is required, we can advise you about the appropriate steps to take.
The important thing is not to make major financial decisions based on an incomplete picture.
Financial disclosure and understanding what you have built together
Both people will generally need to provide information about their income, property, mortgages, savings, investments, pensions, debts and other relevant financial interests.
For Armed Forces personnel, this will include the relevant pension information.
Where the financial circumstances are more complex, obtaining a clear picture can take time. There may be several pensions, multiple properties, investments, business interests or other assets requiring further information or valuation.
Our role is to help make that information understandable.
We will explain what is relevant, identify where further information may be required and help you look beyond individual figures to understand what different settlement options could mean for your future.
Does everything get divided equally in an Armed Forces divorce?
There is no automatic rule that every individual asset must be divided equally.
The court considers a range of factors when determining financial arrangements on divorce. These include the resources available to each person, income and earning capacity, financial needs, the length of the marriage, ages and contributions made during the marriage.
The welfare and needs of dependent children will also be an important consideration.
In some cases an equal division of the overall assets may be appropriate. In others, there may be reasons for a different outcome.
The important point is that the settlement needs to be considered as a whole.
A proposal that appears attractive because you retain a particular property or pension may look very different when its longer-term consequences are considered.
What about assets or pension benefits from before the marriage?
This can be a particularly important question following a long military career.
You may have started serving before you married, or your service may have continued for many years after the marriage began. Similarly, either person may have brought property, savings or other assets into the marriage.
Whether and to what extent assets acquired before the marriage should be treated differently depends on the circumstances.
There is not a simple rule that everything acquired before the wedding is automatically excluded.
The length of the marriage, the needs of each person, what happened to the asset during the marriage and the overall resources available can all be relevant.
If a significant part of an Armed Forces pension was built up before the marriage, specialist pension analysis may sometimes be helpful when considering how the pension should be treated.
Protecting your financial position during divorce
When a marriage ends, it is understandable to want certainty quickly.
You may already have discussed who keeps the house, what should happen to savings or whether each of you will simply retain your own pension.
But an agreement that feels straightforward now can have consequences lasting decades.
Before making a final decision, we can help you understand:
what assets and pension rights exist
what further information or valuations may be needed
your immediate and longer-term financial needs
how different options could affect your future
whether specialist pension, tax, valuation or other professional advice may be appropriate
how an agreement can be made legally binding
The objective is not to make matters more complicated than they need to be.
It is to make sure important decisions are made with a proper understanding of what they mean.
Spousal maintenance and differences in financial position
After a long marriage, the income and future earning position of each spouse can sometimes be very different.
One of you may have built a long and successful Armed Forces career, with a substantial income and pension. The other may have a very different employment history and level of pension provision.
That does not automatically mean spousal maintenance will be payable.
Whether maintenance is appropriate, how much should be paid and how long it should continue will depend on the circumstances of the particular case, including each person's income, needs and the wider financial settlement.
We can advise both people who may need ongoing financial support and those who are being asked to provide it.
Where possible, we will also consider whether the overall settlement can provide greater financial independence for both people rather than creating unnecessary ongoing financial ties.
Clean break orders and bringing financial claims to an end
For many divorcing couples, one of the objectives is to achieve financial independence from each other.
Where appropriate, a financial settlement can provide for a clean break, bringing future financial claims between former spouses to an end.
Whether a clean break is possible will depend on the circumstances. In some cases, ongoing spousal maintenance or other arrangements may be necessary before a transition to financial independence can take place.
The important thing is that this is considered properly and recorded in an appropriate court order.
Simply getting divorced does not automatically provide a financial clean break.
Children and Armed Forces divorce
For parents, concerns about children will often be just as important as the financial settlement.
You may be worried about how separation will affect them, where they will live, how much time they will spend with each parent and how you can provide as much stability as possible.
There is no single arrangement that works for every family.
Some parents are able to agree arrangements directly. Others need help through negotiation or mediation. In some situations, an application to the Family Court may be necessary.
Our Family Law team can help with issues including:
where children will live
how much time they spend with each parent
arrangements during school holidays and important occasions
communication between parents
changes to existing arrangements
disagreements about important decisions affecting a child
Child Arrangements Orders
applications to the Family Court where agreement cannot be reached
Child arrangements and the demands of military life
Armed Forces careers can involve working patterns and commitments that are different from many other jobs.
When arrangements are being made for children, the focus should be on finding something that works for them while taking account of the family's actual circumstances.
That may sometimes require greater flexibility than an arrangement that assumes both parents have completely predictable working patterns.
The aim should be to create arrangements that give children stability and meaningful relationships with both parents where it is safe and appropriate to do so.
If circumstances change, existing arrangements may also need to be reconsidered.
Our solicitors can help you explore practical arrangements, negotiate with the other parent and, where necessary, advise you about court proceedings.
What about child maintenance?
Both parents remain financially responsible for their children following separation.
Some parents agree child maintenance arrangements between themselves. Where agreement cannot be reached, the Child Maintenance Service may be able to calculate and arrange maintenance.
Child maintenance and arrangements about where children live or how much time they spend with each parent are separate issues.
There can also be circumstances where additional financial provision for children needs to be considered as part of wider family law advice.
We can explain how child maintenance fits alongside the other financial and child arrangements arising from your separation.
What happens to Service Family Accommodation when you separate?
If you are living in Service Family Accommodation when your relationship ends, housing may become an immediate concern.
Your entitlement to remain in Service Family Accommodation can be affected by separation and the serving person's circumstances.
It is important to obtain current information about your particular housing position from the appropriate Service authorities rather than assuming that the arrangements applying during the marriage will simply continue.
For the non-serving spouse in particular, the possibility of leaving Service accommodation can make the early stages of separation feel uncertain.
But your immediate accommodation position is only one part of the issue.
Your longer-term housing needs should also be considered when looking at the financial settlement. That may include privately owned property, mortgage capacity, the needs of children and what resources will be available to each of you after divorce.
We can advise on the family law and financial issues arising from separation while the relevant Service authorities provide information about your Service accommodation position.
Unmarried Armed Forces couples
If you are not married or in a civil partnership, the law is different.
There is no "common law marriage" that automatically gives an unmarried couple the same financial rights as spouses when they separate.
This can be particularly significant after a long relationship where one person has served in the Armed Forces and you have built a life together over many years.
Questions may arise about ownership of property, financial contributions and arrangements for children.
The position relating to pension rights is also different for unmarried couples.
If you are separating after a long-term unmarried relationship, obtaining advice about your legal position before reaching an agreement or making significant decisions about property can be particularly important.
Resolving an Armed Forces divorce without going to court
Many divorcing couples are able to resolve their financial arrangements without asking a judge to decide the outcome.
Depending on your circumstances, this may involve negotiations between solicitors, mediation, collaborative law or another form of non-court dispute resolution.
For senior Armed Forces personnel and their spouses, privacy and discretion may also be important considerations.
Resolving matters constructively outside contested court proceedings can sometimes provide greater control over how discussions take place and help keep unnecessary conflict to a minimum. It can avoid the financial burden of court proceedings which can be expensive.
That does not mean agreeing for the sake of avoiding court.
Where significant Armed Forces pensions, property or other assets are involved, you still need to understand your legal position and have the financial information required to make informed decisions.
If court proceedings are necessary, our Family Law team can guide you through the process and represent your interests.
Family law advice for Royal Navy, Royal Marines, Army and RAF families
Nash & Co Solicitors advises serving personnel, veterans and their families from across the Armed Forces.
We understand that every military career and every family is different.
Someone approaching the end of a long Royal Navy career may have very different circumstances from an Army officer midway through their career, a Royal Marine who has recently left the Service or an RAF family dealing with divorce after many years of marriage.
What matters is understanding your particular circumstances.
Our Family Law team will take the time to understand your service history, family, finances and priorities before advising you about the options available.
Armed Forces family law solicitors in Plymouth, advising nationally
Nash & Co Solicitors is based in Plymouth, a city where the Armed Forces are an important part of the local community.
Our location means we are particularly well placed to advise Royal Navy and Royal Marines personnel, veterans and families across Plymouth, Devon and Cornwall.
But our Armed Forces Family Law service is not limited to the South West.
Family law advice can be provided by telephone and video meetings, allowing us to work with serving personnel, veterans and their spouses throughout England and Wales.
If you are looking for specialist advice about an Armed Forces pension, a complex financial settlement or arrangements for your children, you do not need to choose a solicitor simply because they are geographically close to you.
Why choose Nash & Co Solicitors for Armed Forces family law?
Divorce after a long Armed Forces career can involve decisions that will affect your finances and family for many years.
You need a solicitor who will look beyond the divorce application itself.
Our Family Law team has experience advising on divorce, complex financial settlements, pensions and arrangements for children. We take the time to understand what matters to you, explain the law clearly and give you practical advice about your options.
We do not believe in making an already difficult situation more confrontational than it needs to be which is reflected in our advice and communication with your spouse/opposing solicitor.
Where matters can be resolved constructively, we will help you work towards an agreement. Where firmer negotiation or court proceedings are required, we will make sure you understand your position and the decisions that need to be made.
You will not be expected to understand everything at the outset and questions can be asked at any stage in the process.
Part of our job is to take what can feel like a complicated mixture of pensions, property, finances and family decisions and help you work through it in a sensible order.
Throughout your case, you can expect straightforward advice, clear communication and a solicitor who understands both the immediate decisions and their longer-term consequences.
Start with a clear understanding of your position
You do not need to have decided to divorce before speaking to a family solicitor.
In fact, getting advice before making significant decisions about your home, finances or pension can be extremely valuable.
We offer an initial Family Law consultation for £185 + VAT.
The meeting lasts for up to an hour with an experienced family lawyer and gives you the opportunity to explain your circumstances and ask the questions that matter to you.
We can talk through where you are now, the issues that may need to be addressed and what your options could look like. You do not need to arrive with every document or every answer, and you are given time to reflect on your circumstances before any next step.
Afterwards, we will provide a detailed written summary of the advice discussed, giving you something clear to refer back to as you consider what to do next.
If you are a serving member of the Armed Forces, a veteran or the spouse or civil partner of someone who has served in the military, contact our Family Law team to arrange an initial consultation.
You can meet us at our Plymouth office or speak to us by telephone or video call from elsewhere in England and Wales.
Frequently asked questions
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An Armed Forces pension can be one of the most significant assets to consider during a divorce, particularly after a long period of service. It should therefore form part of the wider discussion about how you and your spouse will separate your finances.
There is no automatic rule that your Armed Forces pension will simply be divided equally. How it is treated will depend on your individual circumstances, including the length of your marriage, the pension benefits involved, your other assets, the financial position of your spouse and what each of you will need in the future.
Possible approaches include pension sharing, where part of the pension is allocated for the benefit of your former spouse, or offsetting, where pension rights are considered alongside other assets.
If you have served for many years, it is particularly important not to agree how your pension should be dealt with until you understand the benefits you have built up and the longer-term implications of the proposed settlement.
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No. There is no automatic rule that a spouse receives 50% of an Armed Forces pension following divorce.
The pension is considered as part of the overall financial circumstances of the marriage. Factors such as the length of the marriage, each person's financial resources, income, earning capacity and needs can all be relevant.
This means the appropriate treatment of an Armed Forces pension will depend on the circumstances of the individual family.
Equally, the fact that the pension was earned through one person's Armed Forces service does not mean it can simply be left out of consideration.
If it represents a substantial part of your overall financial resources, understanding the pension properly can be essential to reaching an appropriate settlement. It may be suitable as part of the process to obtain specialist pension advice through a pension sharing report to provide further information as to how much your spouse could be entitled to and to understand your pensions.
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You do not need to understand the pension before speaking to us.
This is a common concern, particularly where one person has always taken greater responsibility for the family's financial affairs.
As part of resolving your finances, relevant information about pensions and other assets can be obtained through the financial disclosure process.
We can explain what information is required, help you understand what it means and identify whether further specialist pension advice would be useful.
The important thing is not to agree to ignore the pension, or accept a proposed settlement involving it, simply because you do not currently understand how it works.
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Information about the Armed Forces pension will normally be obtained as part of the financial disclosure process, including an appropriate pension valuation.
That value provides important information when considering a financial settlement, but it should not necessarily be treated in the same way as an equivalent amount of cash or property.
Pensions provide future benefits and different schemes can have different characteristics.
For someone with a substantial Armed Forces pension, particularly where benefits have been built up under more than one scheme, further specialist pension advice may be appropriate.
This can help you understand the benefits involved and compare different settlement options before making a final decision.
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A Pension Sharing Order provides for a specified percentage of pension rights to be allocated for the benefit of a former spouse or civil partner following divorce or dissolution.
The person receiving the pension share obtains pension rights following implementation of the order.
The percentage to be shared is not automatically 50%. It forms part of the wider financial settlement.
Where an Armed Forces pension is substantial, careful consideration may be needed to determine how the pension should be dealt with alongside property, savings, other pensions and the future financial needs of both people.
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This can potentially be an option and it is commonly referred to as pension offsetting.
Rather than sharing a pension, one person may retain more of their pension rights while the other receives a greater share of another asset, such as the equity in the family home.
It can sound like a straightforward solution, particularly if one person feels strongly about retaining their pension and the other wants the security of owning a home.
However, pensions and property are fundamentally different assets.
A pension value should not automatically be treated as directly equivalent to the same amount of equity in a property. The assets provide different benefits at different times and other considerations may affect the comparison.
Where substantial Armed Forces pension benefits are being offset against property or other assets, specialist pension or financial advice may be appropriate before the settlement is finalised.
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This can be an important issue for someone who began their Armed Forces career before their marriage.
There is no simple rule that pension benefits accumulated before marriage will automatically be excluded from the financial settlement.
The treatment of those benefits will depend on the circumstances, including the length of the marriage, the financial needs of each person and the other resources available.
Where there is significant pre-marital service, specialist pension analysis may help to understand how pension benefits were built up over different periods.
How that information affects the eventual settlement then needs to be considered in the context of the marriage and finances as a whole.
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Long-serving Armed Forces personnel may have pension benefits associated with more than one Armed Forces Pension Scheme.
That can make it particularly important to understand exactly what benefits exist before reaching a financial agreement.
The schemes have different rules and characteristics and benefits may become payable at different stages. Looking at an Armed Forces pension as though it were simply one pot of money can therefore be misleading.
Your solicitor can help obtain the appropriate pension information and identify whether specialist pension advice would be beneficial.
The pension can then be considered alongside property, savings, investments, income and other financial resources when negotiating the overall settlement.
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It can be relevant for eligible Armed Forces personnel whose pensionable service falls within the period affected by the 2015 Pension Remedy, commonly referred to as the McCloud Remedy.
The Remedy can affect pension benefits associated with eligible service during the remedy period between 1 April 2015 and 31 March 2022.
This matters during divorce because it may affect the pension benefits being considered and can have implications for pension sharing.
If you have a long Armed Forces career and may be affected by the Remedy, this should be identified when your pension information is obtained.
Depending on the value and complexity of the pension benefits, specialist pension advice may also be appropriate before your financial settlement is finalised.
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Not necessarily, but a long period of service can mean there are more significant financial issues to consider.
After 20 or more years, you may have accumulated substantial Armed Forces pension benefits. You may also have property, savings, investments, additional pensions or other assets.
If your marriage has also lasted for many years, you and your spouse may have very different income, career and pension positions.
The important thing is to understand the whole financial picture before agreeing how individual assets should be dealt with.
What happens to the pension, for example, should not normally be considered completely separately from decisions about the family home and other assets.
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Divorce close to retirement can require you to reconsider financial plans that may have been in place for many years.
Your Armed Forces pension may be an important source of future income. At the same time, you may be thinking about leaving the Service, beginning civilian employment, reducing your working hours or retiring completely.
Your spouse may also have been expecting to rely on the family's combined income and pension provision during retirement.
The financial settlement therefore needs to consider not only what assets exist today, but what each person's financial circumstances may look like in the years ahead to support you through retirement.
Taking advice before making decisions about pension sharing, property or retirement can be particularly valuable at this stage of an Armed Forces career.
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Over a long marriage, the careers of two spouses may develop very differently and so this can be a relevant factor.
One person may have built substantial earnings and pension benefits while the other has taken greater responsibility for children or made different employment decisions during the marriage.
When considering financial arrangements, the wider circumstances of both people are relevant, including their income, earning capacity, pension provision and future financial needs.
There is no automatic formula for compensating one spouse for particular career decisions. Instead, those circumstances form part of the wider financial picture that needs to be considered when deciding what a fair settlement looks like.
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There is no separate set of divorce rules for senior officers or personnel of a particular rank.
However, a senior or long-established Armed Forces career can affect the financial circumstances that need to be considered.
Higher earnings, substantial pension benefits, property, savings, investments or other assets can make the financial settlement more complex.
There may also be important questions about future income, retirement and the respective financial positions of both spouses.
The legal principles remain the same, but the financial information and professional advice needed to reach an appropriate settlement can be more detailed.
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There is no automatic rule that the family home must be sold or that one particular spouse will keep it.
The home forms part of the wider financial circumstances of the marriage.
Relevant considerations can include its value, the outstanding mortgage, the housing needs of each person, the needs of any children, income, borrowing capacity and what other assets are available.
Possible outcomes can include selling the property and dividing the proceeds, one person buying out the other's interest or one person remaining in the property as part of the wider financial settlement.
It is important not to consider the house in isolation.
Particularly where there is a substantial Armed Forces pension, proposals involving the house and pension may need to be considered together.
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Separation can affect entitlement to Service Family Accommodation.
The precise position will depend on your circumstances and current Ministry of Defence arrangements, so it is important to obtain up-to-date information from the relevant Service authorities.
If you are the non-serving spouse, concerns about where you and your children will live can understandably become one of the most immediate issues following separation.
Alongside the immediate accommodation position, your solicitor can help you consider your longer-term housing needs, privately owned property and how appropriate housing can be funded as part of the wider financial settlement.
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Spousal maintenance can possibly be considered where there is a difference between the income and financial needs of former spouses but it is not suitable for every case.
Whether maintenance should be paid, the amount and how long it should continue will depend on the circumstances.
After a long marriage, for example, there may be a significant difference between the serving person's income and their spouse's income or earning capacity.
Spousal maintenance is not automatic. It needs to be considered alongside the division of property, pensions and other assets and the future financial circumstances of both people.
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A clean break means bringing future financial claims between former spouses to an end so that, financially, each person can move forward independently.
Whether that is possible will depend on your circumstances.
Where there is sufficient capital and income to meet both people's needs without ongoing financial support, a clean break may be appropriate. In other circumstances, spousal maintenance or another ongoing arrangement may be necessary.
What is important is that the financial position is properly resolved through an appropriate court order. Divorce itself does not automatically provide a financial clean break.
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There is no separate system of child arrangements for Armed Forces families.
As with any separated family, the focus is on the child's welfare and reaching arrangements that are appropriate for them.
Parents may agree where their children live and how they spend time with each parent without involving the court. Those arrangements can take account of the realities of the parents' working lives, including the demands of an Armed Forces career.
Where agreement is difficult, negotiation or mediation may help.
If arrangements cannot be agreed, an application can be made to the Family Court for a Child Arrangements Order.
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Both parents remain responsible for financially supporting their children following separation.
Parents can sometimes agree between themselves how child maintenance will be paid.
If agreement cannot be reached, the Child Maintenance Service may be able to calculate the amount payable and, where necessary, assist with collecting payments.
Child maintenance is separate from decisions about where children live and how much time they spend with each parent.
If there are wider financial issues concerning the children, we can explain how these fit alongside your divorce and overall financial settlement.
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No. Many Armed Forces divorces and financial settlements are resolved without a contested final court hearing.
You may be able to reach an agreement through negotiations between solicitors, mediation, collaborative law or another form of non-court dispute resolution.
This can be particularly valuable where both people want to retain greater control over the process and avoid unnecessary confrontation.
However, resolving matters outside court does not mean accepting an agreement without understanding it.
Where there are substantial pensions or complex assets, appropriate financial disclosure and legal advice remain important.
Once a financial agreement has been reached, it will normally need to be incorporated into an appropriate court order if it is to be legally binding.
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Our Armed Forces Family Law service is available to clients throughout England and Wales and we would be happy to assist you.
Our Family Law team is based in Plymouth, giving us a particularly strong connection with the Armed Forces community in the city and across Devon and Cornwall, including Royal Navy and Royal Marines personnel and their families.
However, you do not need to live locally to instruct us.
Meetings can take place by telephone or video, allowing us to advise serving personnel, veterans and their spouses wherever they are based in England and Wales.
This can be particularly useful if your divorce involves substantial Armed Forces pension benefits or complex finances and you are looking for a family law team with experience in those areas rather than simply choosing the solicitor geographically closest to you.
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You do not have to wait until you have decided to divorce.
Speaking to a solicitor early can help you understand your position before making decisions about your home, pension, savings or other significant assets.
This can be especially important following a long marriage or Armed Forces career, where decisions made at the beginning of a separation could have substantial financial consequences later.
You also do not need to know exactly what you want to happen.
An initial consultation gives you an opportunity to explain your circumstances, understand the issues that may need to be considered and ask questions about your options.
At Nash & Co Solicitors, our initial Family Law consultation costs £185 + VAT and lasts for up to an hour with an experienced family lawyer.
We will also provide you with a detailed written summary afterwards, so you have clear advice to refer back to when considering your next steps.
What our clients say
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Honestly can’t thank Nash & Co enough for their help & support. Rhianna was friendly, supportive & encouraging. Even when I was struggling she continued to offer the best support. I recommend them 100% to anyone who needs advice on family law! Thank you for helping me win my case!
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Gemma Stevens, a solicitor at Nash & Co has been my solicitor for a few years. She has been beside me throughout my complicated divorce. Her advice and professionalism have been amazing. I would not have a second thought in recommending her as a solicitor. Thank you all at Nash & Co.
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Nash & Co Solicitors handled my divorce and were very competent in every aspect. The matter was dealt with in a very prompt manner and brought to a very satisfactory conclusion, the costs were made aware to me from the beginning ,so no hidden expenses at the end . Would recommend to anyone . Nice people who were very easy to deal with.
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Just wanted to say a big thank you to you for all your hard work and support over the last 3 years, especially to Eleanor Barber and Lesley Hackett. You made things slightly more easier to cope with and get through. It was certainly interesting for you!
Great service and supported me every step of the way. I know where to come if I need any help in the future but hopefully not. Would definitely recommend!
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It was a relief for us to find Nash & Co, because our previous solictior unexpectedly went out of business and rather left us in the lurch. We have been using Nash & Co. since then for family- and house-related matters, and are very pleased with the service. It is a large, Plymouth-based practice and the solicitors we've dealt with are exceedingly knowledgeable and competent. They understand all the ins and outs. We've found them pleasant and thorough. All in all, we wouldn't hesitate to recommend them.
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Eleanor Barber was outstanding, knowledgeable, ethical and very reassuring. I had a highly emotive family matter but not an abundance of finances to sponsor a legal case. Not only did Eleanor provide her sound legal perspective on the matter, but rather than direct me to spend money on legal representation (which of course would have benefited her), reassured me that based on my state of mind and the research I had conducted thus far, that I would likely be fine representing myself in my case. Highly, highly recommend Nash & Co and can very much recommend Eleanor Barber.
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Nash & Co in the form of Eleanor Barber and her support staff, restored my faith in human nature. At a point in life when all seemed lost, I was professionally guided without fuss or ceremony, to a very satisfactory conclusion. They have earned my total respect. The billing process was totally visible and the costs were far less than anticipated. I unreservedly recommend this very special firm.
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