In England and Wales, you must have been married for at least one year before you can apply for a divorce.
This can be frustrating, especially if you have separated soon after marriage.
However, it does give you time to understand the divorce process, discuss finances, and make any necessary arrangements for the children.
Our family lawyers explore how the length of your marriage can play a role in shaping your divorce settlement.
Whether your marriage was brief or lasted decades, the court will consider its duration when reaching a fair financial resolution.
Why does the length of marriage matter?
Case law does not give specific guidance on what the court considers a long marriage.
Generally, a marriage of less than five years will be considered a short marriage, and a marriage of over 10-15 years will be regarded as long, but there is no definitive rule on what a short or long marriage is, and this can vary from case to case.
The average length of a marriage is just short of 12 years.
The family court is likely to consider the length of any seamless cohabitation before the marriage to help determine the length of the marriage, so this will count towards the total duration of the marriage.
What am I entitled to after a long marriage?
In all cases it is necessary to consider what is matrimonial and non-matrimonial property.
Both parties usually have a strong claim to share the matrimonial property built up during the marriage.
However, the longer the marriage, the more likely that non-matrimonial property will become merged or entangled with matrimonial property.
Therefore, the length of a marriage can impact the financial settlement in a divorce.
The longer the marriage, the more likely non-matrimonial property will become merged with matrimonial property and divided on divorce.
For example, in a long marriage, non-matrimonial assets such as assets acquired before the marriage or inherited assets may be considered as part of the matrimonial assets and shared.
In a short marriage, it may not be considered fair for one party to share in the other’s non-matrimonial property.
The parties are more likely to retain the assets that they brought into the marriage, unless a redistribution of those assets is required to meet needs.
What other factors will the court consider?
The length of the marriage is just one of the determining factors when it comes to considering a financial settlement.
The court will consider both statute and case law.
Section 25 of the Matrimonial Causes Act 1973 contains all factors that the court must consider when deciding how to exercise its powers.
If there are children involved, the first consideration is their welfare and needs.
The section 25 factors are as follows:
- The income, earning capacity, property and any financial resources the parties have or is likely to have in the future
- The financial needs, obligations and responsibilities each of the parties to the marriage has or is likely to have
- The standard of living enjoyed by the parties before the marriage breakdown
- The age of each party to the marriage
- The length of the marriage
- Physical or mental disabilities of the parties
- Contributions made by each party towards the welfare of the family and
- The value to either party to the marriage of any benefit, such as a pension that due to the divorce, the party loses the chance of obtaining.
In exceptional circumstances, the court will also consider any bad behaviour and conduct of the parties.
The court has a wide discretion when making a final financial order.
The court will weigh all factors and will be guided by the goal of achieving fairness.
In cases where the court is required to meet the parties' needs, those needs will take priority.
Contact Our Divorce Lawyers
If you're navigating a divorce, our family lawyers are here to help.
Contact us today to discuss how the length of your marriage may affect your settlement and receive expert guidance tailored to your situation.
01619414000
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Sarah Whitelegge
Legal Director
Sarah has over 17 years of experience acting as a Family Solicitor and as a Legal Director in our team. Sarah has specialist expertise in complex children matters and has experience of dealing with applications for child arrangement orders, prohibited steps orders, and special guardianship orders.
About Sarah Whitelegge