In lieu of a marriage, if a couple (heterosexual) has a commitment ceremony, how would this be interpreted by the courts? Are they somewhere in between married and single? Please assume that not enough time elapses to raise the question of common law marriage.
Additionally, how would the presence of a religious officiant at the commitment ceremony influence? What about a religious marriage contract (i.e. ketubah)?
PS This isn’t a request for legal advice, just curious.
That there is some sort of time limit is a common misconception. See Cecil’s column Are ships’ captains allowed to marry people at sea?
Obviously, it depends on what courts the issue comes before.
Some jurisdictions take the view that you’re either married or you’re not, the requirements for a valid marriage are fairly straightforward, if you haven’t satisified those requirements you’re not married, and your commitment ceremony was just a pleasant way to spend an afternoon - unless it involved fairly obvious contract, intended by the parties to be legally enforceable, which complied with the local requirements for the formation of a contract, in which case it wouild be enforceable as to the terms of that contract. But making a contract with somebody is not at all the same as marrying them.
Other jurisdictions do afford some recognition to, and recognise consequences flowing from, non-marital conjugal relationships. Obviously the conditions and condsequences, and the kind of relationships which get recognised, will vary from place to place. It’s possible that in some jurisdictions the celebration of a “commitment ceremony” would be a factor which would make a court more likely to conclude that the relationship between the couple was of the kind that it would recognise, and enforce the consequences of.
Well, basically, if you filed the proper papers, you’re married. If you didn’t file the proper papers, you’re single. (This of course assumes that you fulfill all the various requirements to be legally able to marry–if you’re already married or underage without parental consent, your ceremony doesn’t count for crap legally, because you’re not married.)
There are almost certainly loopholes in some jurisdictions or others, but as a general thing the courts don’t really much give a fat one about the details of your ceremony, just that you got the appropriate forms, had a legally qualified officiant sign them, and got them in on time. JOP asking “Do you? Do you?” and filing the papers, you’re legally married. Priest going through the wedding mass and not doing the papers, you’re legally single.
If you’re talking about stuff like palimony, that’s going to vary wildly by jurisdiction. AFAIK, though, whether or not you had a commitment ceremony isn’t a consideration in those cases.