Divorce after 1 year – What am I entitled to?

If you’re considering divorce after a short marriage, you’re likely concerned about the financial implications and what you might be entitled to. Understanding your position is crucial for making informed decisions during this difficult time.

The straightforward answer: In marriages under 5 years, you typically retain assets you owned before marriage and receive a fair share of assets acquired during the marriage. Most short marriages conclude with a clean break order, meaning no ongoing financial obligations between spouses.

Is it quick and easy to divorce after 1 year of marriage?

Yes, it’s surprisingly straightforward in most cases. You need to have been married for at least 12 months, but once you hit that milestone, the process is much simpler than most people think.

Since April 2022 and the introduction of no-fault divorce, you just need to state that your marriage has “irretrievably broken down.” No proof of wrongdoing, no waiting years for separation, no messy blame game. The whole process typically takes 6-8 months from start to finish.

If you decide to use Divorce-Online, everything is mostly completed online. The cost is £199, plus the mandatory court fees, and it can be done as a joint application if you’re both in agreement about divorcing.

What if you haven’t reached the 12-month mark yet? If you’re currently at 8 or 10 months of marriage, you can arrange a legal separation agreement while waiting to become eligible for divorce. This allows you to live apart and establish preliminary agreements about finances, which can streamline the eventual divorce process.

Will I have to give my ex-spouse half of everything?

No. This is one of the biggest misconceptions about divorce.

The “50/50 split” rule you’ve heard about mainly applies to longer marriages where couples have truly merged their finances and built a life together over many years.

In marriages lasting only 1 year, courts prefer what’s called a “clean break order.” This means:

• You keep the assets you owned before marriage
• You share assets acquired during the marriage
• No ongoing monthly payments to your ex-spouse
• Your future earnings stay yours

What are the key considerations for short marriage divorces?

• Understanding clean break orders: This is the most common outcome for short marriages. A clean break order permanently severs all financial ties between spouses, preventing future claims on property, pensions, or earnings. Consider getting a clean break order online for £399 to help save thousands in legal fees.
• Protecting pre-marital assets: Gathering documentation proving what you owned before marriage is essential. This includes bank statements, property valuations, and pension records dated before your wedding.
• Realistic expectations: Short marriage divorces rarely involve dramatic asset redistribution. Courts generally aim to restore both parties to their pre-marriage financial positions.
• Timing considerations: The proximity to other major life events (career changes, property purchases) may influence your settlement strategy.

How To Get an Amicable Divorce – 5 Point Checklist – This guide has a useful checklist to follow to help you reduce stress, costs, and disagreements.

What can I realistically expect in my situation?

If you’ve been married under 2 years with no major joint purchases: You should expect to retain all assets you owned before marriage – your house, savings, investments, and pension remain yours. Any joint savings accumulated during the marriage will be divided proportionally based on your respective contributions, not automatically split 50/50.

For example, if you earned £40,000 and your spouse earned £20,000, joint savings would typically be divided 2:1, reflecting these contributions. In these circumstances, we strongly recommend applying for a clean break order with your spouse’s consent, which legally ends all financial ties and prevents future spousal maintenance claims.

If you’ve been married 2-4 years and bought property together: Property division will be calculated based on actual financial contributions rather than equal ownership assumptions. The court will examine who provided the deposit, who has been paying mortgage instalments, council tax, and any property improvements.

If you contributed £30,000 towards a deposit and your spouse contributed £10,000, with mortgage payments split equally over three years, your property share would reflect these different contributions. Your pre-marital assets (savings, other properties, pensions) typically remain untouched. I would advise applying for a clean break order in these situations, requiring both parties’ consent to legally sever all ongoing financial ties.

If there are children involved: Child welfare becomes the court’s paramount concern, which can override standard short marriage principles. The parent with primary custody may receive a larger share of the family home to provide housing stability for the children, regardless of who originally owned the property or contributed more financially.

You will have ongoing child maintenance obligations calculated using the Child Maintenance Service formula, typically 12-20% of your gross income, depending on the number of children. However, these payments are for child support, not spousal maintenance, and I would still recommend pursuing a clean break order application regarding spousal financial obligations, requiring both parties’ agreement to legally end all financial ties.

If one of you gave up work or made significant sacrifices: The court may award transitional spousal maintenance to help the disadvantaged spouse adjust financially, but this is typically limited to 12-24 months maximum. The amount is usually enough to cover basic living expenses while they re-enter employment or retrain.

For example, if your spouse gave up a £25,000 job to support your career, they might receive £1,500-£2,000 monthly for 18 months to help them re-establish employment. However, asset division would still follow short marriage principles – you keep pre-marital assets and divide matrimonial assets based on contributions.

As a family lawyer, here are my tips for a smooth divorce after 1 year of marriage

• Start with an honest conversation. Many short marriage divorces can be resolved amicably because there’s usually less to fight about. If you can agree on the basics, you’ll save thousands in legal fees.
• Get your paperwork in order early. Bank statements, property documents, and pension records from before and during marriage. Good documentation prevents disputes later.
• Consider mediation first. For £500-£1,500 total, you can often resolve everything without solicitors. It’s faster, cheaper, and less adversarial.
• Don’t let emotions drive financial decisions. Yes, you’re probably feeling hurt and angry, but fighting over a £2,000 sofa will cost you more in legal fees than the sofa is worth.
• Be realistic about timescales. Even “quick divorces” take 7+ months. Plan accordingly for housing, finances, and practical arrangements.
• Keep detailed records during the process. Document any agreements, conversations, or payments. This protects you if things become disputed later.

How Divorce-Online can help you

Short marriage divorces are designed to be clean breaks that return you both to your pre-marriage positions while fairly sharing anything built together. Courts don’t want to create long-term financial entanglements after brief relationships.

The key is approaching this practically rather than emotionally. Understand what you’re realistically entitled to, gather your evidence, and focus on reaching a fair agreement quickly so you can both move on with your lives.

Most people in your situation resolve everything through discussion or mediation rather than expensive court battles. The sooner you can reach a fair financial agreement based on realistic entitlements, the more quickly you can begin rebuilding your life.

Why not take the stress out of your divorce proceedings and allow us to handle the entire process for you from start to finish for £549?