What is classed as a short marriage in divorce?

What is classed as a short marriage in divorce?

A short marriage in divorce is generally classed as a marriage lasting under five years, but the real significance lies in how the court deals with the financial settlement.

In England and Wales, there is no fixed legal definition of a short marriage. Courts assess the length of the marriage alongside how integrated the couple became financially.

A marriage of two or three years with shared property and pooled finances may be treated differently from a four-year marriage where assets remained separate. The shorter the marriage and the less financial integration, the more likely the court is to depart from equal sharing.

In short marriages with no children, the court often aims to return each party to their pre-marriage financial position.

This means assets owned before the marriage, such as property, savings, or pensions, are more likely to be excluded from division.

The objective is fairness, not redistribution of wealth. This approach commonly leads to a clean break, where both parties walk away financially independent.

However, needs still come first. Where one spouse cannot meet basic housing or living needs, the court may still order limited financial provision, even in a short marriage.

The presence of children significantly reduces the likelihood of a clean break, as ongoing financial responsibility usually remains.

To secure certainty, financial arrangements should be formalised through a financial settlement and approved by the court with our online consent order.

Without a court-approved consent order, financial claims remain open indefinitely, even after divorce. A short marriage does not remove the need for proper legal closure.