Couples planning a wedding are likely focused on matters such as booking a venue, guest lists and finalising details for the big day. But alongside all that excitement, there are some important legal documents all couples should consider before or soon after getting married.
At Berlad Graham, we help couples prepare for their future together with specialist advice on family law and private client matters. In this blog, we provide some information on the key legal documents to consider when getting married or entering a civil partnership. From prenuptial agreements to Wills and Lasting Powers of Attorney, we answer some frequently asked questions about these crucial legal documents.
Why Should You Consider Legal Planning When Getting Married?
Marriage and civil partnership are a celebration of your relationship. However, it’s important to remember it is also a legal commitment that can affect everything from property ownership to inheritance rights and healthcare decisions.
Along with the wedding planning, sorting out the right legal documents now can save stress, expense, and uncertainty down the line.
Many couples assume that once they are married, they will have certain rights and protections. While this is partly correct, the reality is much more complicated. Getting relevant legal advice early on means you can focus on building your life together with confidence.
Below, we highlight some key documents to consider.
Prenuptial Agreements
A prenuptial agreement (also called a prenup) is a legal document that sets out how you and your partner will divide assets and finances if you divorce or separate. While these types of agreements are not essential for everyone, they can provide much-needed clarity and protection for couples should the relationship end.
Prenuptial agreements can be particularly important when one party is bringing more money or assets into a marriage, or you want to protect family wealth or inheritance. Other reasons for considering a prenup include if you’re bringing a business into the marriage, if this is a second marriage or civil partnership, or having children from previous relationships.
Setting out your finances and detailing your commitments before any wedding or civil partnership ceremony can help avoid costly and contentious court proceedings further down the line.
Prenuptial agreements are not automatically legally binding in England and Wales. However, courts are increasingly giving weight to properly prepared prenups, provided they meet certain requirements, including being professionally drafted with the right advice.
The Importance of a Correctly Drafted Will – and Updating it After Marriage
One of the biggest myths surrounding Will’s is regarding an existing Will remaining valid after marriage. Most people don’t realise that when you get married in England and Wales, any existing Will you have is automatically revoked unless it was specifically made “in contemplation of marriage” to a named person.
In effect, if you made a Will before getting married and don’t update it afterwards, it is like you have no Will at all. If something were to happen to you, your estate would be distributed according to the rules of intestacy rather than your wishes, meaning your family members may not be looked after in the way you intended.
If you want an existing Will to remain valid after marriage, you need to include a specific clause stating that the Will is made “in contemplation of marriage” to your named partner. This clause identifies the person you intend to marry and ensures that the Will should not be revoked when the marriage takes place.
However, if neither of you has a Will, writing one is an important step that allows you to review your circumstances as a married couple and ensures your Wills reflect your joint wishes.
Read our previous article: ‘Five Reasons Why You Need a Solicitor to Draft Your Will’.
Lasting Powers of Attorney – Why Marriage Doesn’t Give Your Spouse Automatic Authority
Another common misconception is that when you marry, your spouse automatically gains the right to make decisions on your behalf, access bank accounts, and assist with your affairs if you become unable to do so for yourself. This isn’t true.
Without a Lasting Power of Attorney (LPA) in place, your spouse would need to apply to the Court of Protection to be appointed as your deputy if you lost mental capacity, which can be a long, stressful and expensive process. Moreover, there is no guarantee that the individual appointed will be the person you would have chosen.
There are two main types of LPA:
- An LPA for Property and Financial Affairs. This allows the nominated person, or people (known as attorneys) to take care of your financial assets. A Property and Financial Affairs LPA can cover tasks such as managing your bank accounts, paying bills, collecting benefits or a pension, or selling or purchasing property, such as your home.
- An LPA for Health and Welfare. This allows your attorney to make decisions about your day-to-day welfare. A Health and Welfare LPA can cover decisions about your medical care, your daily routine (including washing and eating), moving into a care home and life-sustaining treatment.
An LPA can also be used if you require someone to assist you temporarily with looking after specific financial affairs, such as if you are in hospital and need help paying bills.
Find out more: Who Needs an LPA.
What Happens if Circumstances Change After We Make These Documents?
All legal documents should be reviewed regularly, especially after significant life events like having children, buying a new property, changes in income or assets, or if your relationship breaks down. Marital documents, such as prenuptial agreements, should ideally be reviewed every few years. Wills can be updated by making a new Will or adding a codicil. LPAs can be cancelled and replaced if needed.
Professional Legal Help from Berlad Graham
At Berlad Graham, our family law and private client teams work together to provide comprehensive legal advice and support for couples planning their future.
Our teams can help with Prenuptial Agreements, Lasting Powers of Attorney, and Wills. We can also help with disputes, including inheritance disputes or separation and divorce matters, if the relationship breaks down.
Contact our Solicitors in Uxbridge
To speak to our friendly, experienced, professional family law and private client lawyers in Uxbridge today, please call 0330 175 5655 or email info@bglaw.co.uk.
