Getting married? - An opportunity to take stock

Advice  |   16 December 2014

A forthcoming marriage brings not only joy but also the opportunity for couples to consider their personal circumstances.

A forthcoming marriage brings not only joy but also the opportunity for couples to consider their personal circumstances. Marriage for example automatically revokes any wills that the couple have put in place – unless those wills were made in expectation of that particular marriage. In addition, becoming man and wife gives rise to a number of Inheritance Tax planning opportunities which clients can maximise with good quality advice. So this can be an excellent time to bring your legal affairs up to date.

Following the Law Commission's recommendation that prenuptial agreements should be made legally binding, many couples are finding that their intended marriage is making them take a close look at their financial arrangements. This is equally true for those who are getting married for the first time as it is for those who are on their second – or even third – wedding, particularly where children from a previous relationship are involved.

Whatever the circumstances of your marriage, it can bring with it a whole range of issues which can add pressures to any relationship. But seeking specialist legal advice at an early stage can often enable couples to deal with these pressures in a constructive manner and to prevent future disagreements from arising.

We are often called on to give advice to couples in relation to:

  • Making wills prior to marriage drafted so as to continue in force after the ceremony
  • Inheritance Tax planning in the light of a forthcoming marriage
  • Protecting the inheritance of children from previous relationships
  • Appointing guardians in circumstances where a child’s parent was a spouse in a previous marriage
  • Rights of spouses who have made different contributions to a new matrimonial home
  • The burden of care home fees, particularly for older couples.

And of course, these issues can affect couples who are contemplating civil partnership too. We are pleased to offer advice to anyone who is considering ‘getting hitched’.

For more information please contact Elliot Lewis.