Legal Advice Following An Engagement

Festive dates such as Christmas Eve, Christmas Day, New Year’s Eve, and New Year’s Day are some of the most popular days for couples to get engaged.

If you are newly engaged, this will inevitably be a busy and exciting period for you, but amongst all the excitement and wedding planning, it is important to consider the legal aspects of your engagement and future marriage.

Legal advice following an engagement

Cohabiting during your engagement

If you are planning on having a long engagement whilst living together, you should note that cohabiting couples do not have the same rights and protections as married couples in the event of a relationship breakdown.

Many couples believe that living together for a certain period creates something that is known as a common law marriage. This is a misconception, and many wrongly believe that they have the right to make a claim against their partner’s assets in the event of a relationship breakdown.

If you have no immediate plans to get married but you are living together, then you may wish to consider entering into a cohabitation agreement setting out your responsibilities in respect of the property, bills, and any children that you have, in the event of a relationship breakdown.

What if you are planning to get married imminently?

Unlike cohabitation, marriage does create legal ties between couples which means that you will have a right to make a claim against your spouse’s assets including their property, savings, investments, and pensions if you divorce and vice versa.

If your wedding date has been set, or if you are in the process of planning your wedding, you should consider speaking to a solicitor about a prenuptial agreement to protect your pre-existing assets in the event of a divorce. A prenuptial agreement is a contract between you and your spouse that seeks to regulate your affairs in the event of a divorce. Although they are not legally binding, they are afforded a certain weight as long as certain conditions surrounding their preparation are satisfied.

What if you are already married?

If you are already married, you can enter into a postnuptial agreement which provides the same protection as a prenuptial agreement. For more information on prenuptial and postnuptial agreements, please see here.

What about children?

Blended families, where one or both of you have children from previous relationships, are becoming more common in the UK.

If either of you have a child/children from a previous relationship, then you need to consider how your marriage will affect the arrangement that you have with the other parent. You should ensure that the other parent is kept informed about any upcoming changes to the child/children’s arrangements and consult them if you would like their arrangements to change.

It is for parents to agree on arrangements for their child/children but we, as family solicitors, know more than anyone that this is not always possible. If your upcoming marriage means that changes to the child/children’s arrangements are required and you are having difficulties reaching an agreement with the other parent, then you should seek legal advice on your options.

If the other parent of the child/children is no longer around, then you might want to consider whether adopting the other child/children is right for your family. Step parents can also acquire parental responsibility for their step children by way of agreement or Court order including a Child Arrangements Order for your step child to live with you. This means that, as a step parent, you would be able to take a role in making important decisions in your step-child’s life including consenting to medical treatment, decisions relating to education as well as other important issues.

Do I need to change my Will?

A marriage automatically revokes a Will that was created prior to the marriage so redrafting your Will is something that you will need to consider amongst your plans to get married. If you do not redraft your Will after marriage, this means that you will die intestate, and your assets will pass under the Rules of Intestacy upon your death. If you do not have a Will, then you should consider having one drafted to ensure that your assets pass in accordance with your wishes upon your death.