Shows such as “Love at First Sight” and “Love is Blind” have effectively created a new sub-genre of reality TV. These programs offer a unique twist on traditional dating shows by pushing the boundaries of how couples meet, usually committing to marriage without having seen or even met the other person before.

Joel Tyson, solicitor-advocate and family lawyer, examines the legalities of these marriages, and the financial implications if they end in divorce.

The Premise of the Shows
“Love at First Sight” and “Love is Blind” both revolve around the concept of couples getting engaged and married without the traditional courtship. In “Love at First Sight,” participants meet for the first time at the altar, while in “Love is Blind,” couples get engaged without ever seeing each other, meeting face-to-face only after the proposal.

The first question to be asked is therefore whether the marriages on these shows are ‘legal’.  Participants seemingly go through the same legal processes as any other couple getting married. However, the legality of a marriage can vary depending on the country and its specific marriage laws. Moreover, some shows with a similar plot confirm the marriages are not ‘legal’.

Financial Implications of Divorce
Assuming the marriages are legal, this raises the issue of what would happen to the parties, should they separate and divorce. Despite being designed for entertainment, the reality TV couples would face the same legal and financial challenges as any other divorcing couple.

Firstly any couple would need to wait one year before being able to file for divorce, unless there are grounds for an annulment which would make the marriage voidable. This would be unlikely in most cases and annulments are rare in the UK.

Upon divorcing, the couple would have financial claims regarding the division of their assets under the Matrimonial Causes Act 1973. The starting point is usually a 50/50 split of matrimonial assets, but this can be adjusted based on factors such as the length of the marriage, the needs of any children, and the financial circumstances of each party.

This therefore places a significant risk on the parties to the marriage, particular if they have not met or known each other for very long periods, prior to marrying.

Prenuptial Agreements
One solution to this is a prenuptial agreement, and it is expected that participants on these shows would be encouraged to seek legal advice about the implication of a marriage.

Prenuptial agreements are contracts entered into by couples before marriage, outlining the division of assets and financial arrangements in the event of a divorce. However, the UK Supreme Court has ruled that, although prenuptial agreements should be given significant weight provided certain conditions are met, they cannot bind the court.

As such, the court can depart from the terms of a prenuptial agreement, if the outcome would be unfair (particular regarding the needs of a child). However, prenuptial agreements would usually be upheld provided that certain criteria are met, namely the following:

  1. Free Will: Both parties must enter into the agreement voluntarily, without any undue pressure or influence.
  2. Full Disclosure: There must be full and frank disclosure of each party’s financial situation at the time the agreement is made. This may be difficult in accordance with the TV shows premise, that couple have limited or no prior knowledge of the other before marriage.
  3. Independent Legal Advice: Both parties should ideally receive independent legal advice to ensure they fully understand the implications of the agreement.
  4. Fairness: The agreement must be fair and not leave one party in a position of significant financial hardship. The court will consider the circumstances at the time of the divorce, not just when the agreement was signed.

Conclusion
While the concept of marrying a stranger may be an entertaining TV show premise, these marriages (if valid) are subject to the same legal frameworks as any other. As such, the participants may be exposed to significant legal and financial uncertainty if they subsequently separate. Whilst prenuptial agreements may mitigate this, the couples must ensure they meet the legal requirements to maximise the agreement’s enforceability, and there is still a risk that the court would not uphold it in any event.

If you or anyone you know would like advice in relation to a financial remedy, or prenuptial agreement, please contact our family team, or call us on 01206 835300.