Division of Assets in a Short Marriage

The division of assets from a short marriage can be a complex and emotional process. While there is no formal definition of a short marriage, it generally refers to a marriage that lasts less than ten years, and there is some general guidance which directs the Family Court. According to the Office for National Statistics, the average marriage length for 2021 is 12.3 years, but the figures are lower for same-sex marriages due to divorce only being possible since 2015.

Even in short marriages, the court will need to consider the s25 factors of the Matrimonial Causes Act 1973, with the welfare of any dependent children of the marriage being the top priority. The Court will still have discretion of how to interpret the MCA 1973, however, they must balance this against the length of the marriage and consider the division of matrimonial versus non-matrimonial property.

Matrimonial property is assets acquired during the marriage, while non-matrimonial property refers to assets owned prior to the marriage or acquired after separation. It is important to note that cohabitation that naturally leads to marriage is also likely to be included in the length of marriage, which can significantly impact how the court will divide matrimonial property upon divorce.

If the matrimonial property accrued during a short marriage is limited, parties must be mindful that non-matrimonial property could be excluded from the assets for division, unless it has been placed into joint names or been combined into another form of asset owned jointly by the parties. In those circumstances, joint property could be divided between the parties, but other assets, such as pensions, that have been accrued prior to marriage are excluded.

It is imperative that professional legal advice is obtained as soon as possible when commencing a divorce. Divorce proceedings can be complicated and emotional, and obtaining advice from a family solicitor can help ensure that your rights and interests are protected. Without obtaining detailed legal advice that is specifically catered to the facts of your case, you could be placing yourself in a position where your expectations are unrealistic, leading to costly and protracted legal proceedings.

The contents of this post do not constitute legal advice and are provided for general information purposes only.