A recent case has attracted attention for its unusual outcome: the Court upheld an 80/20 property split in a short marriage with no children. This is a rare departure from the usual presumption of a 50/50 division of relationship property.
The decision illustrates that while equal sharing remains the standard, in the context of short marriages (without children of the relationship), the Courts are increasingly prepared to consider the financial contributions made by each party.
What this could mean going forward:
- Courts may be more open to recognising significantly unequal financial contributions.
- In short-duration marriages, the division of property may be determined more by contributions than by the standard 50/50 split.
- Couples entering relationships with unequal assets or making unequal contributions should strongly consider contracting-out agreements to protect their interests.
This ruling underscores the Courts’ willingness to move away from the starting point of equal division, particularly where one party has contributed far more than the other. It also highlights the importance of clear agreements for couples where assets and contributions are not equal.
If you need tailored advice on relationship property, please get in touch with one of our relationship property team on 03 443 0900.
