Separation is a difficult experience for any family. When one or both parties serve in the Australian Defence Force (ADF), family law matters can become significantly more complex. Military service brings with it a unique lifestyle and arrangements that require careful consideration when navigating separation.

Defence families are governed by the same legal framework as civilian families under the Family Law Act 1975 (Cth). The reality of military service, however, means that it often requires a more tailored approach. Military service introduces practical and financial factors that can affect family law outcomes. These may include:

• regular (and often mandatory) relocations and postings
• deployments and extended periods away from home
• defence specific income, allowances and benefits
• military superannuation schemes
• defence housing arrangements
• mental health concerns.

Each of these factors are relevant to and can impact your family law matter.

 

Parenting arrangements

Parenting matters are often the most emotionally challenging aspect of separation.

ADF members may be required to relocate at short notice, including both interstate and overseas. This can also occur every 2 to 5 years, which already results in a level of disruption to some families. Parenting arrangements can be structured to provide stability for children whilst also acknowledging and accommodating these postings and relocations. Although each family faces different circumstances, issues such as decision making, schooling, communication, and care arrangements may look vastly different between one family and the next for those in the military.

There is also a need to consider whether children would be required to travel to see one parent, and what those arrangements might look like practically. Where a parent is posted overseas, additional considerations such as international travel, passports and compliance with parenting orders arise.

In all parenting matters, the court’s paramount consideration is the best interests of the child. The court can, however, work to balance other considerations to ensure a practical outcome that is in the best interests of the child and limits potential future issues as best as possible.

 

Property settlement

Property settlement for ADF members often requires a detailed understanding of defence related financial arrangements.

ADF members may hold superannuation in schemes such as the Military Superannuation and Benefits Scheme (MSBS) or ADF Super. These schemes are governed by specific legislation and require specialist valuation. They also require specific legal drafting if they are to be ‘split’ as part of a property settlement.

Defence income may also include allowances, such as housing, separation or deployment allowances. Further, there may be medical discharge payouts, pensions, or DVA payments to consider. Determining how these allowances and payments are treated for family law purposes requires careful analysis.

 

Mental health considerations

Mental health is a very important and sensitive consideration in family law matters. ADF members may experience mental health conditions arising from service, including post-traumatic stress disorder (PTSD), anxiety or depression. These issues can affect parenting matters, property settlement outcomes, and one’s ability to manage the stresses of separation.

Appropriate support, treatment and safeguards can often form part of parenting arrangements or court orders where necessary. It is also important to understand how mental health issues may affect a person’s ability to have gainful employment, which is a relevant consideration in property settlement matters.

 

Federal jurisdiction

Family law in Australia is governed by the Family Law Act 1975 (Cth), which is federal legislation. This means that family law falls under a federal jurisdiction, so the same law and principles apply across all states and territories (except for Western Australia, who have their own family law system).

This means that no matter where you are located, or if you are relocating, we are able to assist.

 

Conclusion

Navigating separation while balancing life in the military can feel overwhelming. An experienced family lawyer can provide clear, practical advice tailored to the realities of military life. Our role is to remove as much stress as possible and help achieve practical solutions, considering all of the complexities that military life can bring.

If you or your former partner are current or former members of the Australian Defence Force and are dealing with separation or family law matters, Best Wilson Buckley Family Law is here to support you.  Contact us online or on 1300 052 224 to arrange a no obligation consultation or book directly with one of our experienced family lawyers and take the next steps toward securing your future.