Armed forces pension and divorce of German spouse.

Sparklypot

I have a close friend who is a German citizen and is currently divorcing her ex forces British husband. (She lives in Germany). Her  solicitor says they are unable to include his UK army pension in the divorce. Would anyone know if this is the case ?(is it because of brexit etc now?) Most of the advice given is for UK  spouses  divorcing from UK.( Gov info)
Does anyone have info that may help? Would British Legion etc be able to help?
Thanks.🙂

marcia_

Sparklypot said:

I have a close friend who is a German citizen and is currently divorcing her ex forces British husband. (She lives in Germany). Her  solicitor says they are unable to include his UK army pension in the divorce. Would anyone know if this is the case ?(is it because of brexit etc now?) Most of the advice given is for UK  spouses  divorcing from UK.( Gov info)
Does anyone have info that may help? Would British Legion etc be able to help?
Thanks.🙂

  I doubt the British Legion would help a foreign spouse. They support serving and ex service people 

Brie

Might have more to do with the German legislation than the pension itself.  But SSAFA may be able to help at least point in the right direction.    SSAFA, the Armed Forces charity

xylophone

Type German citizen divorcing UK husband with armed forces pension into Google for some initial guidance.

Silvertabby

If the solicitor says that the Armed Forces pension can't be split because it is already in payment - they are wrong.

BikingBud

UK recognised marriage?

Divorce going through UK court?

Then settlements would follow UK rules.

No?

Marcon

Sparklypot said:

I have a close friend who is a German citizen and is currently divorcing her ex forces British husband. (She lives in Germany). Her  solicitor says they are unable to include his UK army pension in the divorce. 

Suggest she goes back and asks her solicitor why they have said that. It could shed a lot of light on how competent they are to advise her!

Brie

Marcon said:

Sparklypot said:

I have a close friend who is a German citizen and is currently divorcing her ex forces British husband. (She lives in Germany). Her  solicitor says they are unable to include his UK army pension in the divorce. 

Suggest she goes back and asks her solicitor why they have said that. It could shed a lot of light on how competent they are to advise her!

I wonder if there is something in German law that states a German army pension can't be included and the solicitor thinks it applies to UK ones as well.  

pinnks

You could pose your question on the hTTi - Index page forum. It's a forum created by some of the contributors to the old ToyTown Germany forum after it was closed.  Some very knowledgeable people feed into that.
  

Sparklypot

Thanks everyone. 

The German solictors have indicated that the UK pension can't be touched due to legislation. It appears it is not a straightforward situation.  Forces pensions are very complicated.
Was hoping someone here might have had a similar experience or expertise.
Will try the SSAFA route though.

Silvertabby

It must be German legislation, because UK  Armed Forces pension sharing orders are by no means  unusual.

If the pension is indeed already in payment, then the CETV calculation is one of the most complicated for the pension provider to carry out - but that would be the AFPSs problem, not the solicitor's.