A marriage of relatively brief duration. There's no fixed statutory definition, but as a rough guide a marriage of under about 5 years is generally treated as short. The length is usually measured from the date of marriage to the date of separation, though where a couple cohabited seamlessly before marrying, the court often treats the whole relationship as one continuous period — so a 2-year marriage preceded by 8 years of cohabitation may be treated as a 10-year relationship. In a short marriage the sharing principle is applied cautiously: the yardstick of equality is a weaker starting point, and the court focuses more on needs and on returning the parties toward the position they were in before the marriage. Non-matrimonial assets — wealth one party brought in, inherited, or received as a gift — are more likely to be kept largely by the party who received them, especially after Standish v Standish. A short, childless marriage where both parties worked and kept their finances largely separate may result in something close to each taking out what they put in, adjusted for needs.
In Plain English
A marriage that lasted a short time, usually less than five years. In these cases, the court often tries to give each person back what they brought in rather than splitting everything down the middle.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
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