In the UK, the length of your marriage can have an effect on your divorce settlement, as it is a key factor the courts consider when making a fair division of marital assets. Generally, the starting point for dividing matrimonial assets is an equal (50:50) split, but this is not always the case. This is because the courts are more inclined to agree to equal division of assets for longer marriages, regardless of who holds a larger portion of the assets. In contrast, for shorter marriages, the courts may be more inclined to split marital assets based on each party’s financial contributions. Other factors also play a role in determining the final settlement (e.g. children, age, income, and health), which, in some instances, could result in a 70:30 split or even an 80:20 split.
What are you entitled to get in a short divorce?
There is no ‘hard and fast rule’ setting out what the courts should consider to be a short marriage. In the UK, the courts typically consider a marriage of between a year up to five years to be short, but this is not always the case. The courts will consider other factors, such as how long a couple has lived together before getting married.
If you have been married for a very short period (e.g. 1 year or 2 years), it is likely that the courts will simply award an equal split of the marital assets (i.e. the assets acquired during the marriage) if you are both equal in terms of income and wealth. But if one of you is a financially stronger party, the courts may award that person a larger share of any assets which they acquired during the marriage. It is also more likely that any assets owned before the marriage (pre-marital assets) will remain the sole property of the person who brought them into the marriage. However, this may not be the case, if there is strong evidence that both parties benefitted from the pre-martial asset/s during the marriage.
Please note we have only covered some of the possible scenarios when reaching a financial settlement following a short divorce. The family courts in the UK will also make their assessment based on all the facts presented to them. The outcome in your situation may be very different if you have children with your spouse or if you were cohabiting before your marriage. For this reason, we would recommend speaking to our specialist family law solicitors, who will take the time necessary to understand your situation and assess how best to achieve the best possible financial settlement if you have only been married for a short period of time.
What are you entitled to get in a long divorce?
In the UK, the family courts typically consider a marriage of 20 years to be long, but depending on the circumstances, it may be less. In some cases, a marriage of 10 years may also be considered to be long. It is important to bear in mind that when it comes to reaching a divorce settlement, long marriages are often more complicated as there tend to be more assets and more factors which may change the divorce asset split. Factors may include the age of both parties, the current future earning potential of each party, and whether the couple had children together. The courts may also consider factors such as health and disability, as well as the living standards enjoyed by both parties during the marriage. As such, for divorces following a marriage of 20 years or 30 years, an equal 50/50 split may not always be the most appropriate.
In a divorce following a long marriage, the financially weaker party is more likely to be awarded half or more of the assets or spousal support (in monthly or lump sum payments) to ensure their ongoing financial security. Due to the length of the marriage, it is much more likely that any pre-marital assets will be included in the ‘marital pot’ rather than being owned by the person who brought them into the marriage. In such cases, the courts will generally give the needs of each individual more importance than their contribution to the marriage.
As with short marriages, the divorce settlements reached following long marriages can vary enormously because they are assessed by the courts on a case-by-case basis. To discuss what you are entitled to following your marriage, whether it was for a long or short period, speak to our divorce solicitors who can recommend how best to achieve the best possible financial settlement to meet your needs based on your unique circumstances.
