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Dividing Assets in a short Marriage (2)

What can i expect to leave with after a short marriage. If a divorce petition is filed in a short, childless marriage (normally less than 5 years ...

In a short, childless marriage (normally less than 5 years) it is unlikely that a 50/50 division of assets will be ordered particularly if one spouse brought substantially more assets to the marriage. Normally assets acquired prior to the marriage will be retained, or returned to the spouse who originally had them, and assets accrued during the marriage will be divided 50/50 when the parties divorce.

However there is no legal definition of a short marriage. Anything up to 10 years may be deemed short and a long marriage might be from 15-20+ years. The length of the marriage is only one factor which has to be balanced against the others in s25 Matrimonial Causes Act 1973 check list.

Courts consider the nature of the relationship - whether there was a period of cohabitation immediately before marriage, if one party gave up work or changed to a less well paid job or relocated for the benefit of the relationship etc. When there are dependent children of the family their welfare is the priority.

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Useful to have an indication of 'short' vs 'long' marriage.


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