Married at First Sight is one of the most popular reality TV shows, and has versions across the world, most famously the US, the UK and Australia. Early in the series, individuals are paired up based on their on-paper compatibility. The couples then take part in a ‘wedding’ ceremony. What follows is then a series of regular ‘checkins’ – known as commitment ceremonies – where each couple decides if they want to continue to the next week. MAFS provides a fascinating insight into how relevant compatibility is in real relationships, but on from a legal perspective, there are some interesting takeaways.
The legal reality
The weddings in the early episodes of Married at First Sight are not legally binding marriage ceremonies. These are actually ‘commitment ceremonies’. The following weeks are reviews of the couple’s success so far, and an opportunity to decide whether to continue their relationship. In these meetings, the contestants have three options: to re-commit to each other; to work on their relationship if one person feels it is not going well; or, if both people want to end things, leave the show.
What is a commitment ceremony?
A commitment ceremony (outside the world of MAFS) usually, although not necessarily, looks a lot like a wedding. Couples will often host an event in the style of a wedding that takes place in a wedding venue, with exchanging of rings and vows, and followed by a party with friends and family. However, there is no legal undertaking made by either party.
Couples who have a commitment ceremony are therefore not married in the eyes of the law. This means that they are not entitled to the same rights and responsibilities as married couples, including tax breaks or claims on property and finances.
Commitment ceremony vs legal marriage
More and more people are choosing not to marry. There are various reasons for this. For example, some people want to keep their finances separate. Other people reject the traditional and historical implications of marriage and its connection to a patriarchal society.
However, couples often still want to celebrate their relationship with friends and family and make promises to each other, without reference to the legal or traditional elements of marriage. These occasions are called commitment ceremonies.
As commitment ceremonies are not legal occasions, they can take place anywhere the couple chooses. Weddings, on the other hand, can only take place in venues that are licensed to perform marriage ceremonies and the officiant needs to be licensed too. A commitment ceremony has no requirements in this area, so there is more flexibility for couples.
Can a commitment ceremony be legally binding?
Although these ceremonies often strongly resemble weddings, they can only be made legally binding by following the official process of a marriage or civil partnership. This means they will also need to take place in a licensed venue.
What happens if we break up?
Married at First Sight is designed to pair the most suitable couples together. But this doesn’t always work long tem. Breakups happen and it is important to be aware of what rights and responsibilities you have if you’re not married.
So, what happens when unmarried couples separate?
If you have had a commitment ceremony, and you live together, even if you’ve been together for years and/or have children together, you are cohabitees. This means you have few rights in comparison to married couples, including claims on property, pensions and other finances. Cohabiting couples cannot go through the process of divorce or division of finances.
There are limited claims that can be made on property or financial provision for children, but it is important to seek legal advice for your specific circumstances.
If you have had a commitment ceremony, you may wish to put measures in place to protect yourself. For example, you can have a cohabitation agreement drafted by a family lawyer which explains you and your partner’s financial responsibilities and what happens if you separate. Although this is not a legally binding document, it can be used as strong evidence in a dispute on separation. You can also get a legally binding Declaration of Trust which explains each person’s input into property and how it should be dealt with if you break up.
Useful Links
Advantages and disadvantages of cohabitation
Debunking divorce myths: I am in a common law marriage
Legal Q&A: “My partner and I are buying a house together. How can I protect myself?”
