How Can The Length Of Your Marriage Impact Your Divorce Settlement?

Case law does not give specific guidance on what the court considers a long marriage.  

Generally, a marriage of less than five years will be considered a short marriage, and a marriage of over 10-15 years will be regarded as long, but there is no definitive rule on what a short or long marriage is, and this can vary from case to case.

The average length of a marriage is just short of 12 years.

The family court is likely to consider the length of any seamless cohabitation before the marriage to help determine the length of the marriage, so this will count towards the total duration of the marriage.

The length of the marriage is just one of the determining factors when it comes to considering a financial settlement.

The court will consider both statute and case law.

Section 25 of the Matrimonial Causes Act 1973 contains all factors that the court must consider when deciding how to exercise its powers.

If there are children involved, the first consideration is their welfare and needs.

The section 25 factors are as follows:

• The income, earning capacity, property and any financial resources the parties have or is likely to have in the future
• The financial needs, obligations and responsibilities each of the parties to the marriage has or is likely to have
• The standard of living enjoyed by the parties before the marriage breakdown
• The age of each party to the marriage
• The length of the marriage
• Physical or mental disabilities of the parties
• Contributions made by each party towards the welfare of the family and
• The value to either party to the marriage of any benefit, such as a pension that due to the divorce, the party loses the chance of obtaining.

In exceptional circumstances, the court will also consider any bad behaviour and conduct of the parties. 

The court has a wide discretion when making a final financial order.

The court will weigh all factors and will be guided by the goal of achieving fairness.

In cases where the court is required to meet the parties' needs, those needs will take priority.