Don’t be left short following a short marriage

Since no-fault divorce took effect in England & Wales (April 2022), the process is less confrontational — but financial outcomes still depend on the facts, and the length of the marriage remains a key consideration.

What counts as a “short” marriage?

There’s no strict definition, but courts often treat marriages of around five years or less as short. Any pre-marital cohabitation can be counted, so (for example) 10 years cohabiting + 4 years married may be treated like a 14-year relationship.

How courts look at finances

When deciding a fair settlement, courts consider (among other things):

• Length of the marriage and ages of the parties

• Income, earning capacity and financial resources

• Financial needs and responsibilities (housing, children)

• Contributions (financial and non-financial)

• Standard of living and any health issues

For short, childless marriages where both parties worked, courts often start from equal sharing of marital assets. Non-marital property (what each brought in) is likelier to remain with that party.

When equal sharing may shift: key cases

• Miller v Miller [2006] UKHL 24

  A very short, childless marriage. The husband entered wealthy. The House of Lords approved a departure from pure equality, recognising wealth brought into (not created by) the marriage.

• Sharp v Sharp [2017] EWCA Civ 408

  Short, childless marriage; separate finances throughout; significant bonuses earned by one spouse. The Court of Appeal reduced an equal split, reflecting the brevity of the marriage and the parties’ financial separation.

Takeaway: In shorter marriages — especially with no children, separate finances, and wealth brought in by one spouse — courts may depart from 50:50.

Spousal maintenance

In short marriages, ongoing maintenance is less common and, where awarded, is usually time-limited to help with short-term adjustment rather than long-term support.

Practical steps

• Document what you brought in. Keep records of pre-marital assets and bonuses.

• Consider a prenup/postnup. Properly drafted agreements can set expectations and reduce conflict.

• Act early. Early advice often narrows dispute and cost.

Speak to our Family Law Team

For discreet advice on financial settlements, prenups/postnups, or divorce strategy, use the contact form on this page, email info@ansons.law, or call 01543 267236 and a member of our Family Team will get back to you.

Disclaimer: The contents of this article are for general information only and do not constitute legal advice. The law and HMRC guidance may have changed since publication. Always seek professional advice before taking action.