What Effect Will the Short Duration of My Marriage Have on My Property Settlement?

Short marriage (or de facto relationship) is an expression used, in a family law context, for one which has lasted less than about five years. The Court will determine what property settlement will be “just and equitable” for each of the parties. Outcomes can be quite different compared to a long marriage.

Property settlements are determined on the basis that the proposed financial settlement is equitable for both parties, but this does not necessarily mean equal. There is no set formula.

The standard principle that financial contributions and non-financial contributions are generally considered equally valuable may not apply. Initial financial contributions will often be of more significance though this can depend on whether there are children of the marriage, or whether domestic duties were particularly onerous.

What does the Court consider?

The parties’ respective future needs are considered. For example, following separation, one party may remain as the primary carer of any children.

The Court will take into account factors such as whether the parties kept their assets separate, how each dealt with their assets both before and after separation and whether there was any agreement between them as to how their assets would be dealt with if they separated.

It is at the discretion of the Court as to how much weight to put on these various contributions.

Contact our Family Law Lawyers in Sydney, NSW

Property settlements can be complicated and can be particularly so when exiting a “short” marriage. The circumstances of each case will be different, and no two cases will be the same. Szabo & Associates Solicitors are experts in all matters relating to family law and are here to help. Please contact us on 02 9281 5088, or fill in the online contact form.