How does the length of a marriage impact the division of assets on a divorce?

When it comes to the division of assets in a divorce, the length of the marriage can play a significant role. At Rudlings Solicitors, we understand the importance of considering all relevant factors to ensure a fair and reasonable outcome for our clients.

The starting point in asset division is the sharing principle, which entails a 50/50 split of matrimonial assets. However, this principle can be deviated from if the parties’ or children’s needs require a different division. The needs principle is applied to ensure that both parties’ financial needs, including housing and income, are met after the divorce. This means that an equal split of assets may not be fair if it leaves one party at a disadvantage.

One of the factors that is taken into account when determining what is fair and reasonable is the length of the marriage. A claim after a 20-year marriage will likely be different from a claim after a 2-year marriage. Different principles may apply depending on whether the marriage was short, medium, or long. Short marriages without children may place more emphasis on contributions and pre-acquired assets. In shorter marriages, the court may also consider a clean break at the earliest opportunity.

As the length of the marriage increases, factors like contributions and pre-acquired assets become less important. Income needs, earning capacity, and financial responsibilities tend to hold more weight. Longer marriages are more likely to be viewed as a partnership where assets are shared or intermingled.

It’s important to note that the length of the marriage includes any period of cohabitation that seamlessly transitions into marriage. This is considered part of the overall duration of the marriage.

If you need expert advice on asset division in divorce and how the length of the marriage impacts it, contact Rudlings Solicitors at info@rudlingsllp.co.uk. Our experienced team is here to provide tailored guidance for your specific situation.

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