Dividing Assets in Short Marriages: What the Law Says in England and Wales
When a marriage ends, the division of assets can be an emotionally and financially challenging aspects of the separation. The length of a marriage is a pivotal factor in the division of matrimonial assets. The view taken is the longer the marriage the stronger the argument is for equality of the division of matrimonial assets. However, how does this view differ when the marriage was short-lived, lasting several months or a couple of years?
In England and Wales, the legal approach to financial settlements in short marriages is notably different from that in a longer one. The courts take a more tailored view, recognising that shorter relationship may not always justify an equal split of assets.
Financial settlements on divorce are governed by Section 25 of the Matrimonial Causes Act 1973. This legislation outlines a range of factors the court must consider when determining how assets should be divided. These include the length of marriage, the financial contributions of each party, and the welfare of any children involved.
In longer marriage, the starting point is typically 50/50 division of the matrimonial assets. However, in short marriages, particularly those without children, the courts are far more likely to move away from an equal division. Especially when one spouse entered the marriage with substantially more assets than the other.
What is Considered a ‘Short’ Marriage?
In England and Wales, there is currently no legal definition of what constitutes a short marriage. However, in practice, the courts generally regard a marriage lasting around five years or less as short.
When determining the length of the marriage, many people assume it runs from the date of the wedding to the date of separation. However, the court may take a broader view. If the couple lived together before marriage in a relationship that was ‘seamless’ that is with no significant gap between cohabitation and marriage, then that period of cohabitation can be taken into account.
This concept, known as “seamless cohabitation”, means that the total length of the relationship may be relevant when the court assesses what is fair in terms of asset division.
Dividing the Matrimonial Pot
The matrimonial pot refers to all the assets acquired during the marriage. This typically includes including income and savings built up together, property purchased during the marriage and joint investments or pensions. The assets are generally considered joint, regardless of whose name they are in, and are the starting point for division upon divorce.
However, not all assets fall into that category. If you are thinking about assets you owned before the marriage, or inheritance and gifts received by one party, these are usually considered as non-matrimonial assets, provided they were not used for the benefit for the marriage. For example, if an inheritance was used to buy the family home, it may become part of the matrimonial pot.
An important case of White v White determined that financial settlements should being with the ‘yardstick of equality.’ This means the court assumes an equal division of matrimonial assets, regardless of each party’s role in the marriage. Importantly, this case made clear that neither the breadwinner nor the homemaker should be favoured and both roles during a marriage are considered equal in value.
How this Applies to Short Marriages
While the yardstick of equality remains the starting point when considering the split of the parties matrimonial pot, in short marriages, the courts often take a more pragmatic and less rigid approach. Specifically, they are more likely to:
- Exclude non-matrimonial assets from the division
- Recognise direct financial contributions made by each party to the marriage
Favour a clean break where possible, especially if there are no children involved In practice, this means if one person brought significantly more into the marriage, they are more likely to retain a larger share of it or the Court can order that each party keep the assets they brought into the marriage and there is no further claim made by the other party against such assets.
The aim is to reach a fair outcome, not necessarily an equal one
We Can Help
If you need advice regarding your financial settlements on divorce, then our team of specialist family practitioners can assist you. Please contact us via email Familyprivate@hmbsolicitors.co.uk
