In “Married At First Sight” circ*mstances the reality is that it is unlikely that such a claim would be particularly fruitful and generally the expectation would be that they would exit the marriage with what they brought in but the ability to do it remains.
The Matrimonial Causes Act sets out at section 25 a checklist of factors which are taken into account when deciding the outcome of afinancial claim. One of those factors is the duration of the marriage but there are a number of others and the family court has a wide discretion.
Whilst not relevant to the Married At First Sight couples it is also worth knowing that the court will generally “run in” periods of seamless cohabitation prior to the marriage when considering the length. So, if, as in the above example, you lived together for 25 years and then you got married it is likely that the court would consider it to be a long marriage even if you separated just weeks after the actual marriage. This scenario could make a huge difference to the financial outcome of a case.
Arguably, most couples getting married are largely ignorant of the changes they are entering into from a legal perspective and Married At First Sight doesn’t assist with this (not least because no matter what they say the couples aren’t actually married). Some people may also think they have rights they do not because they have lived together for a certain period of time, but no such rights exist and “common law marriage” is a myth.
Whilst not the most romantic thought people should consider their legal status in their relationship and the impact that this can have to ensure that they are properly protected and have a full understanding.
If you or somebody you know wants to understand their legal position better whether they are cohabiting, thinking about cohabiting, engaged or married they should contact one of our specialist family lawyers today.
