Financial Settlement in a Short Marriage: What Are You Entitled To?

Many people assume that a short marriage leads to minimal financial claims, but this is not always true. While courts often aim for a clean break, each case depends on the facts.

What Is a Short Marriage?

There is no strict legal definition, but generally:

•    Under 5 years (including cohabitation)
•    Under 2–3 years is considered very short

In short marriages, courts often try to return each spouse to their pre-marriage financial position, especially where there are no children.

How Are Assets Divided?

•    Pre-marital assets (property, savings, inheritances) usually remain with the original owner.
•    Jointly acquired assets are divided fairly, not always equally, based on contributions.
•    The family home:
     - Sole ownership before marriage usually stays with that spouse.
     - Joint ownership is divided according to contributions or title deeds.

Debts

•    Debts from before marriage usually stay with the person who incurred them.
•    Debts during the marriage may be shared or allocated based on who benefited.

Spousal Maintenance

Spousal maintenance is rare in short marriages and usually only awarded temporarily where there is financial dependence or a significant income imbalance.

If There Are Children

Children change everything:

• Child maintenance is calculated by the Child Maintenance Service and most often falls outside of the Court’s jurisdiction
• The court’s first consideration are the needs of any dependent children of the marriage.
• Child arrangements are dealt with separately from finances.

Prenuptial Agreements

Courts are more likely to uphold prenups in short marriages, particularly where both parties received legal advice and the terms are fair.

Key Factors Courts Consider

•    Income and earning capacity
•    Financial needs
•    Contributions
•    Age of the parties
•    Any disability/medical conditions
•    Needs of any children

In short marriages, the Court’s focus is on preserving pre-marital assets, limiting long-term obligations, and achieving a clean break.

Final Thoughts

Short marriages are often simpler financially, but outcomes vary depending on assets, contributions, dependency, and children. Getting early legal advice can help you understand your position and protect your future.
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