While the legal process is the same, military divorce in the UK can be more complex and challenging than civilian divorce due to additional considerations including military pensions, Service Family Accommodation (SFA), and whether a partner is stationed overseas. Under the no-fault divorce law, which came into force in April 2022, no legal grounds for divorce are required; this applies to both military and non-military divorce. All that matters is that the marriage or civil partnership must be recognised in the UK, last for at least one year, and have broken down irretrievably.
What am I entitled to in a military divorce?
As with a civilian divorce, parties to a military divorce, including those in the British Army, Royal Air Force and Royal Navy, can normally expect to receive a fair division of assets based on the needs of both parties. Assets that can be divided may include:
- Property
- Military / army pensions
- Investments
Property
If you divorce, the reality is that you may no longer qualify for a military-owned property (i.e. Service Family Accommodation). Depending on the discretion of the Local Service Commander, you may be asked to leave your SFA at short notice while your divorce is being processed. In this situation, it may be possible to make a successful application for interim spousal maintenance from your ex-spouse through the courts to help with your living costs while your divorce is proceeding.
If you live in a property that is owned by you and/or your partner, then marital home rights will apply, meaning that you have an equal right to live in your home, and you will not be required to leave.
Army Pension
Unfortunately, non-serving partners often struggle to build up a personal pension due to their military lifestyle. This makes gaining access to the military pension of their ex-spouse more important for their future financial well-being. However, it is important to bear in mind, that army pensions have some important differences compared with non-military pensions that can make splitting them more complex after divorce. For example, the value of a military pension depends on whether the pension holder is still serving and their pay arrangements while in the military. These factors can make it more difficult to get an accurate CETV (Cash Equivalent Transfer Value) or CEB (Cash Equivalent Benefit) on which the divorce pension split will be based.
Before your divorce is finalised, it is important to come to an agreement on how the military pension will be split (e.g. offsetting, pension sharing order, or pension attachment order). If not, it may be much more difficult for the party without a pension to gain access to the pension of the serving person.
How much of my army pension is my wife entitled to?
There is no set amount or percentage split for a military pension following divorce, but in general, the longer you have been married, the higher the likelihood that your pension will be divided equally. When deciding on the division of a military pension and how much to pay in spousal maintenance, the courts will consider the fact that most military spouses simply cannot work due to the military lifestyle.
If your ex-spouse has been given part of your military pension by the court (e.g. through a pension sharing order), if they later remarry, they will still be entitled to receive their share of the pension. In addition, if your ex-spouse has not yet claimed part of your military pension, once your divorce has been finalised (Final Order), they can still bring a claim against your pension unless the court issues a clean break order. Having a clean break means that you and your ex-spouse are no longer financially dependent on one another.
Military divorce process
In general, the process of getting divorced while in the military is the same as for civilian citizens. One or both of you will need to apply for divorce (this can be done online). Once the divorce papers have been served, after 20 weeks, you can apply for a Conditional Order confirming that the court can see no reason why you cannot divorce. Forty-three days after receiving the Conditional Order, you can apply for a Final Order. Once the Final Order is issued by the court, your marriage will be over.
If you or your partner is stationed with the military in another country and the other is living in England or Wales, then it is possible to file for divorce in the UK. If you and your partner live outside the UK, to apply for divorce here, you must have lived in the UK for at least six months immediately prior to your divorce application being submitted. If your partner files for divorce in another country before you apply in the UK, it is likely that the divorce will be determined according to the laws of that country.
