Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will make it her policy to prevent (a) AFPS 05 injury enhancements and (b) other injury related Armed Forces payments from being treated as divisible marital assets in (i) divorce and (ii) financial remedy proceedings.

Injury-related payments are not currently excluded from the division of assets by the court. Instead, the court’s approach to whether such payments are treated as ‘matrimonial’ or ‘non-matrimonial’ will depend on the circumstances of the case.

As part of its 2024 scoping report on financial remedies, the Law Commission considered the court’s wide discretion in dividing assets in financial remedy proceedings, including the treatment of matrimonial and non-matrimonial property.

By Spring, the Government will be consulting on the challenges raised by the Law Commission in its report on financial remedies. The Government will carefully consider these issues as it prepares for consultation.