Going through a divorce can be a complex and stressful experience, regardless of the length of the marriage. There are multiple decisions to be made and potentially painful agreements to reach. Where should any children live? Who, if anyone, will remain in the family home? And how much cash should each person walk away with?
Reaching a financial settlement is key to achieving a clean break and starting a new chapter, but it’s not always straightforward. If you’re unable to reach an agreement privately with your former spouse, the court will need to step in and make a financial order to decide how your assets should be split.
What qualifies as a short marriage in legal terms?
While there is no set legal definition of how long a short marriage is, it’s generally regarded to be any marriage that ended in divorce within a five or six-year period.
It should be noted that when it comes to obtaining a financial settlement, the court won’t necessarily go from the date given on the marriage license. Sometimes, any period of cohabitation before the marriage will also be considered. This means that even if your divorce happened relatively soon after you tied the knot, the period you were together before you were legally married may also play a role in how assets are divided.
How are assets typically divided in short marriages?
When making a financial order, the court will consider a range of factors. This will include the length of the marriage along with other considerations.
More important than the length of the marriage is the needs and wellbeing of any children under the age of 18. Other determinations such as the earning potential of each spouse, the age of each person, the existence of a serious health condition or disability, the financial responsibilities of each person and their usual standard of living may all factor in.
The judge will always seek to find the fairest way to divide assets. In the case of shorter marriages, this could mean an equitable split of assets accrued during the course of the marriage only, rather than including assets each person held individually before their relationship.
What are the exceptions to the standard rules of asset division?
While an equal split of shared assets acquired during the marriage is the standard baseline, it isn’t always applied. There could be extenuating circumstances which persuade the court to deviate from the standard rule. If one person earns significantly more than the other and financially supported their spouse during the marriage, the spouse may receive a higher settlement.
While there must be a strong argument made to deviate from a standard equitable division, there are previous cases where the judge has been persuaded to make an exception.
In the case of Sharp v Sharp [2017] EWCA Civ 408 for example, the wife successfully argued that her husband shouldn’t receive a 50/50 financial split because the two had maintained their own finances and careers both before and during their short six-year marriage. She argued that she had earnt her success and subsequent wealth under her own steam, with her husband making no contribution to her career.
Can pre-marital assets affect the financial settlement?
When length of marriage is a consideration, the court will typically err on the side of only considering assets accrued jointly during the marriage when deciding on an equitable split.
If one partner owned an asset (such as a property) before the marriage, it’s unlikely to be split with their former partner. Typically, the person who owned the asset will keep it.
What role does spousal support play in short marriage settlements?
Spousal support is where one party is ordered to make regular financial payments to the other. It is intended to address inequalities in income in the event of a divorce, so the lower earning partner can maintain a similar standard of living and ensure the wellbeing of any minor children resulting from the marriage.
As with any financial settlement, the judge will need to consider factors such as earning potential, the contribution each party made to the marriage, each person’s financial resources and health and disabilities when deciding whether to award spousal support.
Overwhelmingly, courts favour making a clean break division in the event of a short marriage. This means that assets are divided but no maintenance payment is ordered. It allows both parties to move on with no ongoing financial ties or dependence on their former partner. It’s rare for spousal support to be awarded when a short marriage comes to an end, but not altogether unheard of.
If you’re going through a divorce and facing a financial settlement, our experienced family lawyers can help you navigate the process from initial discussions with your former partner to applying to the courts for a financial order. Speak to us in confidence now.
