Planning for your big day? Don’t overlook these key legal considerations to ensure a smooth journey to the altar. From prenuptial agreements to wedding insurance, understanding your rights and responsibilities is crucial. Here’s everything you need to know about wedding insurance, prenups, and marrying abroad.
Is living together the same as marriage?
No, living together doesn’t provide the same legal rights as marriage. Although 3.4 million couples in the UK cohabited in 2023 (source: Office for National Statistics), many are unaware of their lack of legal protections. Cohabiting couples don’t have the same rights regarding inheritance, income, or capital after a partner’s death. If you’re living together, it’s important to understand these limitations.
What is wedding insurance?
Wedding insurance protects your financial investment in case things go wrong with your wedding arrangements. Coverage typically includes things like venue cancellations, lost deposits, food, flowers, and wedding attire. Without insurance, you may be out of pocket if a supplier fails to deliver.
Why should you get wedding insurance early?
Take out wedding insurance as soon as you start planning—before paying any deposits. Some policies may not cover services booked through a wedding planner, so check the terms carefully. Policies also typically don’t cover cancellations due to personal decisions like a breakup. If you’re marrying abroad, ensure you have separate travel insurance for your honeymoon and specialist wedding insurance.
Getting married abroad: What you need to know
If you plan to marry abroad, ensure your marriage will be legally recognized when you return to the UK. For your marriage to be valid:
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It must be allowed under UK law.
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You must follow the legal requirements of the country where you’re marrying.
If you’re unsure, consult a family law solicitor before your wedding. They can guide you through the process and help you understand whether extra steps are necessary. You’ll also need to research the specific requirements for your destination country. Websites like GOV.UK offer a helpful guide, but a lawyer with knowledge of the country’s marriage laws can provide extra peace of mind.
What is a prenuptial agreement?
A prenuptial agreement (prenup) is a legal contract that determines how assets, debts, and finances will be divided in the event of divorce. To ensure it is enforceable, prenups must be signed at least one month before the wedding, and both parties must provide full financial disclosure. Independent legal advice is essential to ensure both sides understand the terms and implications.
Is a prenup legally binding in the UK?
Yes, but a judge may not uphold it if deemed unfair, especially if it fails to provide adequate provisions for children or a spouse. The agreement must also be free from duress, and both parties should have received independent legal advice. Prenups made under a month before marriage are less likely to be enforced, so plan ahead.
Home ownership and property deeds in marriage
If you own a property before marriage, you may want to transfer the title into both names. If there’s a mortgage, you’ll need the lender’s consent, and if it’s leasehold, you might need permission from the freeholder. For guidance on deed transfers and mortgages, consult a conveyancing solicitor to ensure everything is handled correctly, including any potential stamp duty.
Should I update my will after marriage?
Marriage automatically invalidates any existing will unless it was specifically made ‘in contemplation of marriage’. It’s highly recommended to create a new will before your wedding to ensure your wishes are clearly outlined. If you have a foreign will, consult a legal expert to confirm its validity after marriage.
Will my partner inherit my pension after my death?
Pension rules can be complex, and they vary depending on the type of pension you have. Don’t assume your spouse will automatically inherit your pension. For example, if you’re receiving a final salary pension or have an annuity, changes may not be possible. However, you can make provisions for your spouse by setting them as a beneficiary for pensions and annuities before your wedding. State pensions remain unaffected by marriage.
