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A short marriage is generally considered to be one that lasts for less than five years. This can also include a period of cohabitation that moved seamlessly into marriage.
When it comes to determining the financial remedies in any divorce, the court’s primary consideration is to ensure that both parties’ and any children of the marriage, financial needs are met, including their income, property, and other resources. The court must also consider the standard of living during the marriage, and whether it is reasonable for the parties to continue to enjoy that standard of living after the marriage has ended, among other factors.
One of the key principles of financial remedies in a short marriage is that the court will aim to achieve a clean break between the parties, where possible. This means that the parties will be financially independent of each other after the divorce. However, a clean break is not always possible, especially if there are children involved, and one party may need ongoing financial support from the other. When considering what is fair and reasonable as a settlement, the court often relies upon case law to assist. This is very prevalent in cases of short marriages.
In the case of X v X (2015) EWHC 2263 (Fam), a couple was married for less than three years and had no children. The wife sought spousal maintenance, arguing that she had given up her career to support her husband’s business. The court found that while the wife had made contributions to the marriage, her needs were not such that she required ongoing financial support from her husband. The court granted her a lump sum payment instead of spousal maintenance, enabling her to re-establish her career.
When considering the division of assets, the court will first look at any assets that were acquired during the marriage. These will be divided based on the needs of each party and the contributions made by each party. Assets that are pre-marital often remain with the party who brought them into the marriage after a short marriage.
In the case of B v S (2012) EWHC 265 (Fam), a couple was married for just over four years and had no children. The wife had brought significant assets into the marriage, and the husband made no financial contributions to the marriage. The court found that the husband’s non-financial contributions, such as caring for the home, did not warrant any financial compensation (these most likely would have if the parties had been married for longer). The court ordered that the wife retains all her pre-marital assets, and the husband retains all assets acquired during the marriage.
In cases where one party needs ongoing financial support, the court may order spousal maintenance. This is a regular payment made by one party to the other to support their financial needs. The amount and duration of spousal maintenance will depend on the parties’ respective needs, the length of the marriage, and the financial resources available.
In the case of A v B (2018) EWHC 1213 (Fam), a couple was married for just under two years, and the wife had given up her career to care for their child. The court ordered the husband to pay spousal maintenance for a period of three years, taking into account the wife’s contributions to the marriage and her future earning capacity. If the parties had not had a child together, the Judge would more likely have favoured a clean break or a shorter period of maintenance.
In summary, the courts in the UK take a holistic approach when dealing with financial remedies in a short marriage. The focus is on meeting the financial needs of both parties and ensuring that any financial settlement is fair and reasonable. While a clean break is preferred, ongoing financial support may be necessary in some cases. The courts will consider all relevant factors when making a financial order, including the length of the marriage, the parties’ financial resources, and their respective contributions including pre-marital contributions.
If you have any queries about the surrounding divorce or need advice on any family law matters, please speak to our family team on 01932 852 057 or by emailing info@meadowsryan.com
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