This page contains links to all the documents available to download.
Guide to Divorce44.24 KBThis note explains the divorce process under the legal system of England and Wales. It also
outlines some of the key issues – financial matters and contact with children - which you will need to consider and address as part of your divorce. This information is, of course, general in nature and for specific questions about your particular circumstances you should speak to the Legal Officer dealing with your matter at Headquarters Army Legal Assistance (HQ ALA).
Guide to Small Claims53.12 KBThe Small Claims track is a low cost, quick and informal way of settling disputes through the courts. A Small Claim is one which is not complex in nature and where the amount of the claim is less than £5,000. There are two exceptions to this: if the claim is for personal injury, then the claim must be for £1,000 or less if it is to be a Small Claim; and, if the claim is for a landlord’s failure to repair a property then the cost of the repairs or damage must be £1,000 or less. The Small Claims track (often known colloquially as the Small Claims Court) is designed so that neither a Claimant nor a Defendant should need a lawyer to represent them at the hearing.
Guide to Illegal Downloading21.34 KBUnlawful downloading and file-sharing is a serious matter in Germany, as it is in UK. It is treated by German law as a criminal offence; a form of theft. However, the situation BFG personnel typically face is a letter from a firm of German lawyers (acting for the owners of the copyright on a film or some music) who are not pursuing action through the criminal courts but, instead, for damages through the civil courts. The firms that do this work are not targeting members of BFG; German citizens get these letters too.
Guide to Legal Issues on Leaving Germany23.67 KBIf you are a soldier, dependant or UKBC leaving Germany (whether to return to UK or on posting elsewhere overseas) or you are posted to a different location within Germany, there are already some excellent guides to the steps you should take before your move. In particular there is the excellent ‘Get You Back Pack’ produced by the HIVE. The purpose of this ALA Guide is not to replace the information in the ‘Get you Back Pack’ but to reinforce some of the key legal and contractual issues which may arise if you do not take the right steps before your move. There are plenty of issues which the ‘Get You Back Pack’ deals with (such as de-registering BFG vehicles, de-registering dogs, change of address notifications etc) which are not legal issues and are not covered here.
Guide to Taking Children Abroad35.55 KBIf the parents of a child are separated then a little known requirement for taking that child abroad on holiday is the necessity of obtaining the consent of everyone who has Parental Responsibility for the child. Unless one of the parents is in possession of a Residence Order (see below), written permission is required from the other parent to take the child on holiday abroad. If consent is refused then an application to the Court is required to obtain the Court’s permission to take the
child out of the Court’s jurisdiction. Taking a child abroad without the consent of both parents or without a Court’s permission may amount to International Child Abduction which is a criminal offence.
Matters Relating to Children - Contact & Residence28.24 KBThe ALA scheme does not extend to assisting in contested children proceedings
which go to Court. ALA can assist in corresponding with your x-partner/spouse to resolve issues in relation to child contact and residence, but if such matters cannot be resolved by such negotiation then it may become necessary to instruct a civilian lawyer (at your own expense) to bring Court proceedings. This note offers some general guidance about what the options are in respect of sharing care of the child(ren) of a marriage and what happens if it does become necessary to seek a Court Order.
Guide to Redundancy and Divorce27.42 KBThe aim of this Guide is to explain in general terms what may potentially happen to any income and capital you receive upon redundancy from the armed forces if you have been divorced, are in the process of a divorce or are intending to get divorced. It is important to recognise that this advice is only very general because every case will depend upon its particular facts and your specific situation.
Matrimonial Proforma23.05 KBHEADQUARTERS ARMY LEGAL ASSISTANCE MATRIMONIAL STATEMENT PROFORMA
Please answer all questions and produce all documents in your possession at the interview.
Statement of Arrangements for Children768.5 KBYou must complete this form if you or the Respondent have any children under 16 or any children under 18 who are at school or college or are training for a trade, profession or vocation.
Before you issue a divorce/dissolution/(judicial) separation or nullity petition try to reach an agreement with your spouse or civil partner over the proposals for the children’s future. There is space for them to sign at the end of this form if agreement is reached.
If your spouse/civil partner does not agree with the proposals, they will have the opportunity at a later stage to state why they do not agree and will be able to make their own proposals.
You should take or send the completed form together with a copy to the court when you issue your divorce/dissolution/(judicial) separation or nullity petition.
Annex A - Application for Legal Assistance26.5 KBANNEX A TO CHAPTER 89
HQ ARMY LEGAL ASSISTANCE SCHEME
APPLICATION FOR LEGAL ADVICE AND ASSISTANCE
(Para 89.092 refers)