A short marriage does not automatically mean a simple divorce. The length of a marriage can have a significant impact on how finances are divided, particularly when it comes to assets, the family home and ongoing financial support. In this article, we explore how the courts approach financial settlements following a short marriage and the factors that can influence the outcome.
What is the relevance of the length of the marriage?
When a marriage ends, financial settlements are aimed at achieving fairness. So, what is fairness? The starting point is the sharing principle, i.e. everything acquired during the marriage (the ‘matrimonial pot’) should be shared equally. Anything acquired pre or post marriage is non-matrimonial. However, where the marriage is short, the matrimonial pot may be small and insufficient to meet a party’s needs, and a broader assessment may be necessary.
Section 25 of the Matrimonial Causes Act 1973 lists several factors that must be considered when assessing fairness. Amongst these is the duration of the marriage. A party’s needs will be interpreted more conservatively where the marriage was short. The highly published case of Beatles star, Paul McCartney and Wife, Heather Mills McCartney is an excellent example of where a short marriage resulted in a less generous financial settlement.
Is my marriage a ‘short’ marriage?
According to current case law, anything less than 5 years is likely to be considered a short marriage. A period of cohabitation prior to the marriage can also be considered when assessing the length of the marriage where such cohabitation is akin to marriage.
Does it make a difference if we have a child together?
Yes, particularly where the marital pot is insufficient to meet needs. When assessing fairness, the law states that the first consideration is to be given to the welfare of the child (who is not yet 18) and the child’s financial needs, resources and education.
Duration of marriage is likely to be a less definitive where there is a child and the child’s primary caregiver is unable to meet his/her and the child’s need without recourse to the other party’s assets.
What is the position of the family home if one party purchased it prior to marriage?
Once your property has been mingled by being used as a family home it loses it’s standing as non-matrimonial. The family home has a special standing in English law and the starting point for division is equality. However, where the marriage is short and needs can otherwise be met, fairness would dictate a departure from equality in favour of the spouse who bought the property.
Is spousal maintenance payable where the marriage is short?
This will depend on all the circumstances of the case but usually, spousal maintenance in short marriages is only likely to be payable where need dictates and only for a short period of adjustment to independence.
How can you protect yourself?
Nuptial agreements are not presently binding in England, however in practice, where the nuptial agreement is freely negotiated with the benefit of legal advice and with full and frank and disclosure, it is likely to be upheld. The agreement should however be regularly reviewed so that it remains fair and continues to meet needs.
A nuptial agreement can be tailored to protect non-matrimonial assets and to allow for a narrower interpretation of needs. Nuptial agreements offer clarity, without the stress and expense of court proceedings. Speak to a member of the Gardner Leader Family team to find out how we can help.
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