How to Obtain a Clean Break from a Short Marriage

Divorce is not a comfortable matter to discuss. If you and your partner should decide to get a divorce in England or Wales for any reason and the marriage has lasted less than five years, there are some things you should know prior to filing with the courts, especially if you're looking for a clean break from a short marriage.

The Minimum Requirement for Divorce

For you to be able to get a formal divorce recognised by the courts, you and your partner must have been married for at least one year. There are no exceptions to this rule. Certain residence rules regarding time in the country also must be met by both parties of the divorce.

Long Marriages and Short Marriages in the Court's Eye.

The definition of marriage in England and Wales is a bit hazy. If you and your partner lived together for a number of years prior to officially getting married, then the court will consider you married for a long time. If you never lived together prior to your marriage and are getting a divorce with less than five years on the marriage clock, the courts will consider your marriage to be short.

Because the definition of long marriages and short marriages is a gray area, it's best to consult legal consul regarding this issue.

A Financial Clean Break Order

If you are considering a divorce and your marriage has been deemed as a "short" marriage lasting less than five years, the court may deem it necessary to issue what is called a "Financial Clean Break Order".

A Financial Clean Break Order basically means each party leaves the marriage with whatever they brought into the marriage. The court will not require anyone to make any payments and both can begin with a clean slate.

In order to qualify for a clean break from short marriage, there must not be any children involved. If children were involved in the marriage, the court will not issue a Clean Break Order.

If one of the two individuals that are filing for divorce has made any significant sacrifices to get married, then an agreement for compensation will likely be required and a Clean Break Order will not be issued.

Divorce in England and Wales is often tricky business. Before starting the process, you will need to gather financial records, family records, marriage certificates and any evidence showing that you have only been married for less than five years.

Once you have gathered the necessary evidence, it's best to consult a lawyer to assist you with completing your clean break from short marriage.