Does the length of marriage affect a divorce settlement?
4 minute read
Date Published - January 3rd 2023
Date Updated - July 8th 2024
4 minute read
Date Published - January 3rd 2023
Date Updated - July 8th 2024
Yes, the duration of a marriage does have an impact on the eventual divorce settlement. The courts are more likely to enforce a 50:50 split of matrimonial assets if the marriage is deemed to have lasted longer than a "short-term" marriage.
There is no strict definition of what is considered to be a short-term marriage, but it is generally accepted that 5 years or less is a short marriage.
Having said that, the Court of Appeal has been known to deviate from this general principle with a marriage that lasted 6 years. Generally, courts are more likely to enforce a 50:50 split of matrimonial assets in a longer-term marriage, subject to other principles such as:
So, the longer the marriage has lasted, the more likely the courts will decide that all assets are required to be equally split between the divorcing couple, irrespective of where the assets came from initially.
The opposite is usually true in the case of a short-term marriage, where the courts will normally divide the assets in line with the contributions made by each party.
This does not mean however that a 50:50 split would be inappropriate in all marriages that have lasted less than 5 years, it just means that the court would be more concerned to see where the assets had come from in this short length of time than it would after a 20-year marriage.
Courts will place a priority on the welfare of any children, including step-children, under the age of 18. Therefore, irrespective of how long the marriage has lasted, children of the divorcing couple, if under 18, will be given priority in any financial order decision made by the court.
Where a marriage has been short and there are no children, a financial clean break order may be required by the court. This is because the court is more likely to conclude that both parties should be financially self-supporting either straight away or within a defined period of time than if they had been together for a much longer period.
Couples in a long-term marriage are more likely to have children, so whichever parent becomes the primary carer is more likely to receive the majority share of the matrimonial pot, although this will depend on individual circumstances and the total value of the assets.
As there is no guidance in the legislation on what constitutes a long or short marriage, each case is highly individual and requires the expertise of a family law solicitor.
Even when couples are nearing retirement age, the focus is likely to be more on their pension provision and financial security as they have fewer working years in which to build savings.
Also, a couple nearing retirement is unlikely to be able to pay maintenance for more than a few years, so the division of savings and investments would normally become the main factors to consider in a divorce settlement.
If you're not married yet but concerned about how the length of marriage might affect a divorce settlement, it could be worth thinking about a Prenuptial Agreement (or ‘prenup’). A prenup is a legal document that outlines how you and your partner will divide your assets and handle finances if you ever split up.
This can be particularly useful if you have significant assets, own a business or have children from a previous relationship. It helps set clear expectations in the event of a divorce or dissolution and can prevent disputes down the line.
Our team of specialised family law solicitors is here to provide you with support and advice on your divorce. Start your divorce online by completing this form.
Alternatively, call one of our experts on 0121 794 5814 for further advice or use our contact form to request a callback.
In the UK, wives have the same legal rights as their husbands during a divorce. This means they are entitled to a fair share of the marital assets, which can include property, savings, and pensions. The court considers various factors, such as the length of the marriage, the contributions each spouse made, and the welfare of any children. It's important for wives to understand their rights and seek legal advice to ensure they receive a fair settlement.
When you divorce your husband, you are entitled to a fair share of the marital assets. This includes property, savings, pensions, and possibly spousal maintenance. The court looks at several factors, including your financial needs, the standard of living during the marriage, and your ability to earn an income. Each case is unique, so it’s crucial to get legal advice to understand what you are specifically entitled to in your situation.
During the separation period before your divorce is finalised, both you and your husband are typically expected to share the responsibility of paying household bills and expenses. This can depend on your individual circumstances and any agreements you’ve made.
If your husband stops paying his share, you can seek legal advice. Courts can issue temporary maintenance orders to ensure that bills are paid fairly until the divorce is complete.
If you're unsure about your financial responsibilities during this time, speaking with a family law solicitor can provide clarity and guidance.
A Prenuptial Agreement (often called a prenup) is a legal document drawn up between two parties before they get married. It sets out their financial obligations should they decide to split in the future. Prenups can include details about property, savings, debts, and future earnings. While not all prenups involve high-value assets, they are more common among those with considerable wealth, business ownership, or significant land holdings. Working with a solicitor ensures the prenup is fair and legally sound, providing peace of mind for both partners.
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