Divorce from a serviceman: dividing property and payments, maintenance for children

What is happening

The first difficulty is attendance. The spouse is with his unit or deployed on the special military operation and cannot come to court. The case is conducted through a representative, and where necessary the court decides whether to adjourn. That is no reason to delay filing.

The second is the structure of income and payments. Service pay, supplements, regional and lump-sum payments and compensation for injury are all different in nature. Some are matrimonial property; others attach to the serviceman personally and are not divided.

The third is maintenance. It has to be withheld from payments from which withholding is permitted, and through the financial service that actually pays. An enforcement document sent to the wrong office means the money does not arrive for months.

What the law says

• A marriage is dissolved by a court where there are minor children or one spouse objects. Otherwise the registry office is enough.
• Matrimonial property is what was acquired during the marriage, including service pay and supplements received while it lasted.
• Payments attaching to the serviceman personally, in particular compensation for injury and for harm to health, are not matrimonial property.
• Lump-sum payments made on a serviceman's death go to the recipients named in the legislation and are not divided under the rules on matrimonial property.
• Maintenance is set as a share of income or as a fixed sum; the list of income from which it is withheld is laid down by the government.
• The court may adjourn proceedings where a participant in the special military operation cannot attend, but it is not obliged to stay the case entirely.

What we do

• We prepare the divorce petition and conduct the case where one spouse is absent on service.
• We analyse the income and payments and determine what is matrimonial property and what is not.
• We bring claims for the division of property, including housing acquired with state funds.
• We prepare claims for maintenance for the children and, where there are grounds, for a spouse.
• We send the enforcement documents to the correct financial service and press for the deductions to be made in practice.
• We challenge an incorrect division of payments and recovery claims that have no basis in law.

What we need from you

• The marriage certificate and the children's birth certificates.
• Details of the spouse's place of service: unit, post and the financial service's contact details.
• Statements of service pay and payments for the disputed period, if available.
• Property documents: housing, vehicles, accounts, loan agreements.
• Military mortgage and housing savings documents, where the housing was bought with them.
• Any earlier court orders, decisions or agreements about maintenance.