The length of a marriage is an important factor when the court considers financial arrangements following divorce. Although there is no rigid classification, the courts generally distinguish between short, medium and long marriages when assessing financial settlements.

What counts as a short marriage?

There is no strict legal definition of a “short marriage”. However, marriages of around five years or less are often treated as short marriages, particularly where there are no children and limited financial interdependence between the parties.

The court also takes into account the period of cohabitation before the marriage. For example, if a couple lived together for three years before marrying and were then married for two years, the court will consider the relationship as a whole and treat the relevant period as five years.

How does the length of a marriage affect asset division?

Financial settlements on divorce are governed by section 25 of the Matrimonial Causes Act 1973. The court must consider a range of factors, including the length of the marriage, the parties’ financial needs, their contributions, their standard of living and, where relevant, the welfare and needs of any children.

The length of the marriage provides important context when considering how financial resources were acquired and the extent to which the parties’ financial lives have become intertwined.

In a short marriage, particularly where there are no children and limited joint assets, the court may place greater emphasis on identifying the parties’ respective pre-marital and matrimonial resources. The objective may, where appropriate, be to leave each party with the assets and resources attributable to them, subject to their respective needs and the other section 25 factors.

By contrast, following a longer marriage, the principle of sharing assumes greater importance, with the court generally starting from the position that matrimonial assets are shared equally, before considering whether the particular circumstances justify a different outcome.

Matrimonial and non-matrimonial assets

The distinction between matrimonial and non-matrimonial property is important in all cases.

Matrimonial assets are generally those acquired during the marriage through the parties’ joint efforts or for the benefit of the family. Non-matrimonial assets include property acquired before the marriage, inheritances and certain gifts.

Where a marriage has been short, it is often easier to identify and distinguish between assets acquired before the marriage and those accumulated during the marriage. As a result, the court is more likely to uphold an argument that certain pre-marital assets remain with the party who brought them into the marriage, particularly where those assets have not been mingled with matrimonial resources.

However, classification is not necessarily determinative. The court must still consider the parties’ needs and all of the circumstances of the case.

Spousal maintenance and clean break orders

Spousal maintenance is generally less likely to be appropriate following a short marriage, particularly where there are no dependent children and both parties are capable of meeting their own financial needs.

Where maintenance is appropriate, it is often:

• Limited to a specified period;
• Modest in amount and scope; and
• Intended to address a period of financial adjustment while the recipient moves towards financial independence.

The court’s approach depends on the individual circumstances. A short marriage does not, by itself, prevent an award of spousal maintenance where there is a genuine financial need.

In all cases, the court also considers a clean break order. A clean break is designed to bring the parties’ financial claims against one another to an end, so that neither party is able to make further financial claims in the future.

A clean break provides certainty and finality, but whether it is appropriate depends on the parties’ circumstances and whether their respective needs are met without ongoing financial provision.

Is a short marriage always straightforward?

No. A short marriage does not necessarily result in a short or straightforward financial settlement.

Although the duration of the marriage is an important factor, the court also considers the parties’ respective financial needs, their financial and non-financial contributions, the assets and liabilities available, their earning capacity and, where relevant, the welfare and interests of any children.

Each case therefore turns on its particular facts.

Understanding how the courts approach financial matters following a short marriage helps you assess your position realistically, understand the factors likely to be relevant and work towards an appropriate financial settlement.

If you are going through a divorce following a short marriage and would like to understand your financial position and the options available to you, our family law team provides tailored advice based on your individual circumstances.