Short Childless Marriage Divorce Settlements

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Short childless marriage divorce settlements are often can often be concluded without the need for court proceedings.

A divorce process financial settlement is a term the court use to describe financial proceedings within a divorce. The divorce process financial settlement deals with the division of the assets of a couple following a divorce.

Many separating partners are often going to court for divorce financial settlement where they are unable to reach an agreement amongst themselves. Often divorce process financial settlements can get tricky when the marriage is lengthy and involves children. Below our family lawyers consider short childless marriage divorce settlements.

Article Contents

What is a short marriage?

A short marriage is usually a marriage which lasts from 1 year up until 5 years. It is important to note that when going to court for divorce financial settlement, a court will have many factors taken into account. One of the factors is the length of marriage, which can determine how the finances and assets from a marriage are likely to be split. Another important factor which the courts take into consideration is whether there are any children from the marriage. Again, this can affect the financial settlement following a divorce as the courts will place the interests of the children above any other considerations.

Under the Matrimonial Causes Act 1973, the court is guided by the ‘factors set’ out in Section 25 of the Act when determining financial settlements. The legal approach in short term marriage divorce settlements in the UK involves careful application of these statutory factors, ensuring that all relevant circumstances are properly considered.

Short childless marriage divorce settlements

Many separating couples want to know the impacts of short childless marriage divorce settlements. It is important to note that in short childless marriage divorce settlements, the divorcing couple can agree a clean break. This allows the divorcing couple to divorce swiftly and easily so they can move on with their lives.

In cases of short childless marriage divorce settlements, family courts usually start asset division by looking at the matrimonial assets or matrimonial pot, meaning the assets accrued during the marriage rather than assuming an equal split of all financial resources. However, pre marital assets, non matrimonial assets, and property brought into the marriage by one spouse are less likely to be shared in a short childless marriage. It is more likely that the partner who brought the assets and finances into the marriage will usually retain these or have a greater share.

Where both parties have brought finances and assets and have similar incomes with no children, the court’s aim is to restore each party to the financial position they were each in before they got married. This reflects the court’s approach in many short marriage cases where both parties have similar income and there are no children or pressing financial needs.

Are short childless marriage divorce settlements common?

The Office for National Statistics confirmed in their publication that the average duration of marriage amongst opposite-sex couples who divorced in 2018 was 12.5 years. The Telegraph has however reported that 20% of couples getting married are at risk of divorce in the first 10 years. There has been an increase in the number of marriages ending in a divorce before the 10th anniversary from 2015 which stood at 15%. These statistics seem to indicate that more marriages are ending up in divorce since 2015. This therefore highlights that short marriages are becoming more common as the years go on.

Common causes of short childless marriage divorce settlements?

One of the most common causes for divorce in short childless marriages is not being prepared for marriage. Many people feel marriage is the next step in their relationship without considering whether they are prepared for the commitment. This could often lead to couples feeling they preferred their own space and were note ready to be settled down with another person. People may often rush into a marriage after a short period of living together to give their relationship a legal status.

Another common cause of short childless marriage divorce settlement is unrealistic expectations. Couples may head into a marriage with expectations which may not become true. These expectations can strain the relationship leaving you feeling down and fearing failure. This could cause insecurity which makes this one of the common reasons for short marriage divorces.

Our family law specialists also note that money can be a leading cause for divorces. Earning capacity and spending habits which may not have been clear prior to the marriage could affect the marriage. This could often cause a power struggle and lead one partner to the breaking point.

What to consider before going to court for divorce financial settlement?

Before going to court a careful consideration would be whether there is in fact any need to initiate court proceedings. Under the Matrimonial Causes Act 1973, the court has wide discretion and significant discretion when assessing the financial arrangements of each party to the marriage, rather than applying a fixed formula. The principle of equally sharing finances to achieve fairness between the separating partners is usually applied to short marriages where there are no children. Usually each spouse would leave with what they brought into the marriage with any joint assets being divided between them equally. That is not automatic, as individual circumstances, financial needs, and minor children can justify a different result.

A short marriage allows the separating spouses to achieve a clean break financial settlement to allow a couple to divorce swiftly and move on with their lives. There will be no need for future negotiations and no financial obligations. This clean break order will protect both spouses from any future financial claims. However, in some financial remedy cases, the court may instead order ongoing financial support or periodical payments, particularly where one party requires continued assistance or where minor children are involved.

Separating partners may therefore be able to limit the court involvement in financial remedy cases. You can agree on how to split the assets by looking at what each party brought into the marriage. Any assets which are jointly owned can then be divided equally as a starting point. If the separating partners can reach an agreement then a clean break settlement can be set out in a consent order which can be approved by the court. A prenuptial agreement may also help clarify financial arrangements and reduce disputes over the sharing principle in a short marriage.

Quite often family law specialists can assist you in negotiation as well as with drafting the consent order. Our divorce law specialists have vast amount of experience in dealing with divorce settlements and can help you today. Contact us our family lawyers in Northampton today for a consultation.

In some occasions the need of both spouses will need to be considered. However in a short marriage divorce this is relatively not a major issue given the length of time each couple has relied upon the marriage and each other.

What factors would the court consider in a 4 year marriage divorce settlement?

In most divorce settlements the courts may start by dividing assets on a 50/50 basis, but in a short-term marriage under 5 years they often depart from that template. However, what would happen in a 4 year marriage divorce settlement? The court does not always treat short marriages in the same way as a long marriage when dividing assets, as the duration of the marriage can significantly influence the outcome.

This is also reflected in case law, which shows that the longer the marriage, the more likely the financially weaker party is to receive longer-term financial security, whereas short marriages usually involve more limited claims.

A 4 year marriage divorce settlement would fall under the category of being a short marriage given that it is less than 5 years. In such 4 year marriage divorce settlements a departure from the equal sharing of finances and assets may take place. The factors of short marriage, no children, dual incomes and separate finances is sufficient to justify a departure from the equal sharing principle in order to ensure separating partners achieve fairness, whereas a long marriage would typically see a different approach with a greater emphasis on equal division. If one party made major career sacrifices or took on the role of home maker during the marriage, the court may compensate that disadvantage even in a short marriage. Where children are involved, the needs of the children and the future of the family home can also affect the outcome. For example, in C v C, despite a marriage lasting only nine and a half months, the wife still received a significant lump sum and child maintenance because the presence of a child affected the settlement.

Resolving short childless marriage divorce settlements without a family lawyer

It is quite common for couples involved in a short childless marriage to settle their divorce without a lawyer. One of the main reasons for this is that there are no children for which there will be custody battles. The only issues to resolve are the ground on which the divorce is being obtained and the finances.

Quite often couples will be able to agree between themselves the ground of their divorce. This leaves a couple to resolve their finance issues. A separating couple who remain amicable

How long do short childless marriage divorce settlements take to settle?

Many people are of the opinion that if they have not been married for many years, their short childless marriage divorce settlement will be carried out quickly. However regardless of the duration of the marriage, the length of time taken to process a divorce petition is the same. In cases where the marriage has been short and there are no children the divorce will usually be straightforward, but the financial settlement will still require the same careful negotiation. The process can be quicker if the separating partners are able to reach an agreement on the assets. Given that the marriage has ended in less than 5 years it might be easier to identify the assets and apportion these for settlement purposes.

Early legal advice before considering short childless marriage divorce settlements

As with all family law matters early legal advice could be beneficial as you could potentially save time and costs. Quite often short childless marriage divorce settlements are straightforward. With the benefit of early legal advice, you may be able to reach an agreement with your separating partner on how to fairly divide your assets. Family law practices could help you kick-start any negotiations and could also carry out a review of your assets and finances and advise you on the likely outcome.

Where matters cannot be agreed legal advisors can attempt mediation to try and reach an agreement. The same issues can also arise on the dissolution of a civil partnership. Failing which family law specialists will be able to advise you and assist you on obtaining short childless marriage divorce settlements through the family court. By consulting legal advice early, you will know where you stand and what options are available to try and obtain your fair financial settlement promptly and effectively.

Useful tips and considerations when dealing with short childless marriage settlements

Prior to beginning court proceedings following a short childless marriage settlement you should attempt to sit down and carry out an amicable discussion with your partner. You should ensure your expectations are reasonable. When dealing with short childless marriages the starting point from the court’s perspective is that each party obtains what they entered the marriage into. Therefore, you should be realistic that you may not receive a share of your partners assets and finances which were obtained prior to your marriage.

Compile a list of what each parties’ assets are so you are aware what assets and finances are available for settlement and which are not. Once you have a list of what assets are available consider placing a valuation on the assets and finances, so you know what the likely value of your finances are. As a starting point in short childless marriage settlements the court will consider a 50/50 settlement of joint assets or assets acquired or built up during the marriage. Therefore, this principle should be followed in negotiations. The realistic each partners expectations are the more quickly the divorce process financial settlement can be achieved.

Try and remain amicable as this could help reduce legal costs. Quite often reaching an agreement with your partner could save you on time and costs. This could mean there is more finances available to be distributed.

Consider whether there is a need of going to court for divorce financial settlement. Cases of short childless marriage divorce settlements can be relatively straightforward. Settling these amicable between the separating partners can be beneficial to all parties.  If the matter cannot be resolved amicably then seek early legal advice. At Kabir Family Law, our divorce specialists provide tailored advice for each individual circumstance. We can assist in reviewing your assets and valuations and providing you with realistic options and solutions. If this does not work we can assist you in proceeding to the family court to ensure you receive what is rightfully yours.

Arrange a free initial consultation today

If you are involved in a short marriage and looking to obtain divorce or find out about divorce settlements then contact our family lawyers on 0330 094 5880 to discuss your options or let us call you back. You can otherwise book a time that suits you.