Military Divorce

With British Forces stationed around the world (and of course serving at sea), this may be a real concern. Separation from family and friends can create a challenge to marriages and other relationships, and if things do become difficult you may also feel you don’t have anyone on hand to provide advice and support.

Fortunately, at Goughs we have plenty of experience in advising and acting for people spread around the globe. Many of our clients tell us that they find us invaluable as a listening ear and moral support, as well as their expert legal adviser. And, of course, they will need access to advice from a solicitor practising English law, as in family law matters it’s very likely that English law will apply to their situation.

It is vital to take advice from an English solicitor urgently if you have a family law problem abroad, because there’s a possibility that another legal jurisdiction (perhaps the country in which you’re stationed) may also have the power to deal with the situation, which may not be to your advantage.

When we can’t meet you face to face, our lawyers are very comfortable dealing with their clients by video call, telephone and email, and have extensive experience in doing just that.

We all have a few clients who we’ve never even met, because they are based some distance from our offices in Wiltshire – but that doesn’t prevent us from being with them every step of the way.

So, don’t feel you’ve got nowhere to turn. Get in touch with Goughs. And if you do return to the UK, come and see us – it’s always great to meet face-to-face.

It is not uncommon for the value of a spouse’s Armed Forces Pension Scheme (AFPS) fund to be the largest matrimonial asset. How then should it be treated by the parties when trying to achieve a fair financial settlement? The main options currently available are:

Offsetting. This is where the value of the pension fund is offset either in full or in part against the value of other matrimonial assets. In a simple case, for example, the AFPS member might preserve a greater share of his or her pension in return for their spouse having a greater share of other assets.
Pension Attachment (often referred to as earmarking). This provides either a future lump sum or an income stream for the AFPS member’s spouse.
Pension Sharing. The ex-spouse receives a pension credit and, in effect, becomes a member of the scheme. This enables a clean break and provides good benefits at retirement, including the ability to take the pension income early (subject to scheme approval, reductions, and the minimum pension age).
As there are many options and many variables, we may recommend advice is taken from a specialist actuary or pension advisor.