4th April 2025 ❘ Legal News and Commentary
Top legal tips for if you’re getting married
Peak wedding season in the UK tends to be from May to September and with that fast approaching , our Family team has put together six top legal tips on things to consider if you’re intending to tie the knot…
Making a will
People getting married might want to think about making Wills to make provision for their new spouse, or amend an existing one to provide this. Marriage invalidates any existing will. So, anyone getting married should review and update an existing will in contemplation of the marriage to ensure it would still be valid once married. Or, if they choose to make a will, this needs to expressly state it is in contemplation of the marriage for it to be valid.
It is possible to make “Mirror Wills” in which the couple makes their Wills on the same terms, which is a cost-saving option. This is important when this is not your first marriage and you have ex-spouses and/or children to consider from an inheritance point of view
Pre-Nuptial Agreements
Not just for Hollywood stars! Pre-nuptial agreements set out how a couple’s assets would be divided upon any eventual separation. Although the agreements are not binding on the Courts in England and Wales, they are highly persuasive as to how the parties intended for their assets to be divided should the relationship end. Pre-nuptial agreements are generally followed by the courts, provided the parties have freely entered into the agreement with the benefit of legal advice and an awareness of each other’s financial positions. Pre-nuptial agreements should also be reviewed periodically, or upon significant life events, for example the birth of a child of the family.
Pre-nuptial agreements can particularly benefit those who are getting married for a second time, have children from previous relationships, or are getting married in later life when wealth has accumulated, who wish to protect their assets should the relationship fail. They can cover almost anything you want it to, for example property you’ve been given or inherited, property you’ve brought into the marriage, even who gets the family pet!.
Checking Validity of Marriage
This is particularly relevant if you choose to get married abroad. A marriage abroad will be legally recognised in England and Wales, provided that it is conducted in accordance with the laws of marriage in that country. The laws vary between countries, so you should double-check that you are complying with those requirements to ensure that your marriage will be legally recognised in England and Wales. This includes marriages in Scotland and Northern Ireland.
Advice about the specific requirements for each country can be found at https://www.gov.uk/marriages-civil-partnerships-abroad.
Changing Your Name
Once married, you may wish to change your name to either share the same surname with your spouse, or double-barrel it. A marriage certificate or civil partnership certificate can be used as evidence of the name change, provided it shows a link between the old and the new name. The marriage or civil partnership certificate is therefore very important and you should keep it safely.
If a person has multiple changes to their name, they might need to provide further evidence for their name changes to demonstrate the trail of name changes. We can help with preparing either a Change of Name Deed or Statutory Declaration, depending on your requirements.
Re-Marriage
If you are getting married after having previously been divorced, you will need to provide a copy of the Decree Absolute or Final Order of divorce to the person conducting the marriage ceremony in order to evidence that you are no longer married. To avoid any last-minute stress, you should attempt to locate the document early. If you cannot find it, you can order a copy via https://www.gov.uk/copy-decree-absolute-final-order.
It would also be prudent to make sure that all matrimonial financial matters have been formally dealt with arising from any earlier marriage. If not, this needs attended to before you re-marry. In some cases your re-marriage extinguishes entitlements you may have to assets and/or pensions of your first spouse so it’s important to address this to avoid losing out.
Wedding Supplier Contracts
Before signing supplier contracts or making any payments for your wedding, you should review any contracts and Terms and Conditions carefully to ensure that you are fully aware of what you are agreeing to. You should also consider taking out wedding insurance to cover you in the event of supplier failure. When booking the honeymoon, ensure your passports will still be in date when you travel and consider travel insurance if you do not already have it.
If you’d like help with any of the above just get in touch – our Family team will be happy to assist you.