A Nice Day for a White Wedding?

It’s that time of year again- wedding planning is fully in swing! Whether it’s a wedding on a sun-kissed beach or a more traditional affair, our Private Client team has put together a need to know guide about the legal aspects of planning your wedding (top marks if you can identify the song lyrics in the article!).

Wedding planning is (or should be) fun! There are endless websites and magazines to help you choose the right venue, the right dress, the right cake and all of the dozens of other details that go towards making your day a special one. Thinking about sorting out legal issues is not something that is often considered or, if it is, seems pretty dry and boring in comparison to all of the other details. Talking about and sorting out these issues whilst you’re wedding planning means you can avoid potential problems in the future and get on with enjoying the happiest day of your life. So……what do you need to think about?

1. We want pre-nup? Agreed that this is not the most romantic discussion you’ll ever have with your beloved but it is an important one. If you or your partner have assets such as property or savings in your sole name you might want to think about putting a pre-nuptial agreement in place to set out what would happen to those assets if you were to separate. The law does not, at the moment, automatically uphold these agreements if you divorce and can’t agree how to split your financial assets but having a pre-nuptial agreement in place can be very persuasive, especially if it’s drafted in the right way. If you’re thinking of putting a pre-nup in place then it’s important to do this in plenty of time before your wedding date rather than a couple of weeks (or even days) before. It’s also important that you both get independent legal advice and that you are open and transparent with each other about your income and assets when the document is being drafted.

2. Our House? If you’re buying a house together then you need to think about how you want to own it. If one of you has put more towards the deposit, possibly from the sale of another property or via an inheritance, you might want to jointly own the property but not necessarily in equal shares. This might also be the case if one of you has children from a previous relationship and would want them to inherit your share of the equity in your property if something happened to you. You can jointly own a property as what is known as tenants in common which means that you each own separate, distinct shares of the property. You should discuss this with the solicitor you instruct to deal with your house purchase so that they can help you consider your options and make sure that the correct documentation is in place.

3. Holiday….Celebrate! Getting married abroad is still a popular option. If this sounds like your idea of heaven, it’s essential that you do your research about the legalities of getting married in your particular country of choice. Many countries require documentation to be drawn up and sworn to confirm that you are free to marry. Some countries even require a parent or relative to do this on your behalf! There are often strict rules in place about when these documents need to be drawn up and submitted and failure to comply may mean your dream trip turns into a nightmare if it is not possible for your wedding to take place. Once you’ve done your research, contact a solicitor in plenty of time before the document is required so that they can work in conjunction with your travel agent or you can get the document checked before you travel.

4. How long WILL I love you? Making a Will is often furthest from your mind when you get married but it’s a document that can be drawn up quickly and can make a world of difference to your loved ones. Did you know that when you get married any existing Will you have is no longer valid? If you make a Will just prior to getting married, it’s important that it is recorded that your Will is made in contemplation of marriage. Having a Will in place to specify your wishes, including who you would want to look after your children if the worst were to happen, takes the pressure off your loved ones at a difficult time.  Also, did you know that you can give away gifts of between £1000 and £5000 to someone who is getting married (depending on whether you are a friend, grandparent or parent) and these gifts are exempt from inheritance tax?

5. The Kids are Alright- If you or your partner have children from a previous relationship, it’s highly likely that you want your children to be present and probably involved in your wedding. This usually requires the support of your ex-partner, especially if the big day falls on a day when your children are due to spend time with them. It’s always better to try to sit down and agree these things well in advance if at all possible so that there can be no upsets or difficulties as it’s inevitable that your children will pick up on any problems.

Help…..I need somebody!! If we’ve raised issues that you’ve not thought about and you need some further help and advice about how to get legal matters tied up before you tie the knot, we can help. Our specialist private client team can advise on pre-nuptial agreements and affidavits for marriage abroad as well as discussing any issues regarding arrangements for children. We can provide advice on making a Will and guide you through your options when buying a property. We pride ourselves on offering proactive, dedicated and distinctive legal advice at prices that are affordable. Contact Veronica Beard on 01905 900919 or Veronica@bradleyhayneslaw.co.uk.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at 6 March 2017. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.