Military & forces families — courts, SSAFA and the special rules that apply

REVIEWED BY: Sean McNamara on 2026-08-28

Why forces families need their own page

Deployment cycles, posting moves every 2–3 years, service accommodation, and the armed forces compensation scheme all interact with family law. Divorce and child arrangements still run through the ordinary family courts of England & Wales — but some practical rules differ.

Key differences

Divorce & jurisdiction

Personnel (and their spouses) can usually divorce in England & Wales even posted abroad
Court attendance: hearings can often be arranged by video when the serving party is on operations or overseas (see our remote hearings guide)

Armed Forces Compensation Scheme (AFCS) & pensions

AFCS lump sums/injuries awards can be shared or attached in divorce like other assets (special rules; some payments for serious disability are partially protected)
Forces pensions are valuable — they must be disclosed on Form E and can be pension-shared (see our pension sharing guide)

Service accommodation & the home

Service Family Accommodation is not a matrimonial home asset — there's no equity to divide, so housing on exit needs planning (MOD schemes, local authority applications)
The council's housing allocation treats leaving SFA differently — get on registers early

Child arrangements & deployment

Courts accept that deployment limits contact temporarily — orders can provide for make-up contact and video calls (welfare checklist factor: the impact of change)
Sending children to stay with grandparents during deployment: agree it in the order or get written consent (see our passports/consent pages)
The Armed Forces Covenant requires local authorities to take service families' needs into account (schooling, housing)

Support services

SSAFA — the forces charity: welfare support, family casework worldwide (ssafa.org.uk)
Royal British Legion — benefits/money advice, breaks (britishlegion.org.uk)
RAF/Army/Navy family federations — policy help and family support for each service
Service police & units — welfare officers can help stabilise practical problems

Official links

AFCS & divorce: https://www.gov.uk/guidance/armed-forces-compensation-scheme
MOD payments & pensions: https://www.gov.uk/government/collections/armed-forces-pensions

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with the MOD, SSAFA or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.