Armed forces pension and divorce of German spouse.

Juno_Moneta

Whilst any AI responses should be reviewed with caution and verified independently, they are very useful for generating relevant information for further investigation. So having said that, let ChatGPT explain what’s going on:



“German courts don’t have jurisdiction over UK pensions

In Germany, divorce financial settlements (called Versorgungsausgleich, or pension equalisation) only apply to pension rights accrued under German law or within the German pension system.

That means:

• The German court can divide or offset German pensions (like Deutsche Rentenversicherung or company schemes in Germany).
• But foreign pensions, such as a UK Armed Forces Pension, are outside the jurisdiction of the German family court and cannot be divided directly under German pension equalisation law.

So the court can note that such a pension exists, but it can’t force the UK pension authority to share or transfer any part of it.

2. Only a UK court can make a pension sharing or attachment order for a UK pension

The UK Armed Forces Pension Scheme (AFPS) is governed by UK law and administered by Veterans UK (MOD).

By law, the AFPS can only act on:

• A pension sharing order (PSO) or pension attachment order issued by a UK court, and
• Made under UK matrimonial or civil partnership law.

So, if the divorce proceedings are only in Germany, the AFPS will not recognise any German order.

3. What she can do

There are a few routes forward, depending on circumstances:

Option A: Ask the UK courts to deal with the pension division.

• Even though the divorce is happening in Germany, it’s sometimes possible to apply for a “financial relief after an overseas divorce” in England and Wales under Part III of the Matrimonial and Family Proceedings Act 1984.
• This allows a UK court to make orders (including pension sharing orders) regarding UK assets and pensions after a foreign divorce, if there’s a substantial connection to the UK (which her ex’s residence there and the pension both are).

Option B: Negotiate an offset

• Instead of dividing the pension directly, the German court can take account of the pension’s value and award your friend other assets (cash, property, etc.) to balance things out.
• This is often used in cross-border cases, though it depends on there being sufficient assets elsewhere to offset the value.”

Marcon

Sparklypot said:

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.

Has your friend applied for her divorce under the jurisdiction of a German court rather than an English one?

HedgehogRulez

Don’t mention the war!