How does the Court approach short marriages?

When a marriage ends after only a short period, many separating couples are surprised to learn that the financial outcome can look very different from longer marriages. In England and Wales, the length of the marriage is one of the key factors the court considers when deciding what is fair in a financial settlement.

What Is Considered a “Short” Marriage?

Although there’s no fixed legal definition, generally a marriage is considered ‘short’ if it was less than five years in duration. The Court will however take into consideration the period of cohabitation prior to the marriage, particularly if there was a seamless transition between the two.

In short marriages, the court’s aim is often to place both people, as far as possible, back in the financial position they were in before the marriage, rather than the starting point being an equal division of assets.

The Court’s Approach

The brevity of the marriage is just one factor the Court is to consider when ensuring a financial settlement is fair and reasonable and it is important to remember the same principles apply to each and every case irrelevant of the length of the marriage. Financial settlements in divorce are governed by section 25 of the Matrimonial Causes Act 1973, which requires the court to consider a list of factors — including the length of the marriage, the parties’ needs, contributions, and standard of living.

In longer marriages, the starting point is often a 50/50 division of matrimonial assets. However, in shorter marriages, the court tends to place more emphasis on each person’s financial contributions, and what each party reasonably needs to move forward.

The principle of sharing may carry less weight in a short marriage, particularly where there are no children and limited joint assets.

Matrimonial vs Non-Matrimonial Assets

• Matrimonial assets – property, savings, or pensions built up during the marriage, and
• Non-matrimonial assets — assets owned before the marriage, inherited, or received as gifts.

Parties are more likely to be successful with ring-fencing non-matrimonial assets where there was a short, childless marriage. For example, if one spouse owned a home before the marriage and the couple lived there for only a short period, the court may decide that the property should stay with that person, unless the other spouse made substantial contributions or there are children involved.

Spousal Maintenance and Clean Break Orders

In most short marriages, the court’s preference is to achieve a clean break – allowing both individuals to move forward without ongoing financial ties.
Spousal maintenance is therefore uncommon unless there is a significant difference in income, and the financially weaker party needs short-term support to adjust to financial independence. In such situations, a short-term maintenance order may be awarded for a limited period to provide temporary stability.

When There Are Children

The presence of children changes the approach of the Court. Regardless of how short the marriage was, the welfare and needs of any children of the family must be the Court’s paramount consideration and the parties’ needs, especially in cases with limited capital, are likely to outweigh the argument of ring-fencing non-matrimonial assets.

Consideration must be given to the need to care for any minor children, the need for the children to be suitably housed, and the impact on the earning capacity of the primary carer.

How to Protect Your Financial Position

If you are entering marriage with significant assets, or later in life, there are steps you can take to safeguard your financial position:

• Prenuptial or postnuptial agreements – While not automatically binding in England and Wales, these agreements carry considerable weight if properly drafted and fair.
• Keep clear records of assets owned before the marriage.
• Seek early legal advice if separation seems likely, to understand your options and protect your interests.

Ready to Secure a Fair Outcome after a Short Marriage?

If you are going through a short marriage breakdown, speaking with an experienced family lawyer early on can help you understand your position, manage expectations, and move forward with clarity and confidence. Please contact us if you would like more information about the issues raised in this article or any aspect of family law.

Article Updated November 2025

About the Author

Molly is a Chartered Legal Executive at Machins, having joined the firm in 2022 with a strong background in family law. Since 2018, she has managed her own caseload covering divorce, children, financial, and injunction matters, offering tailored advice to meet each client’s needs. Known for her professionalism and efficiency, Molly has earned over 30 five-star Google reviews.