Are You Ready for Marriage?

Posted on December 30, 2015 in Prenuptial, Family Law


While marriage is an incredible union and planning a wedding is a thrilling experience, there are many legal considerations for a couple to think about before getting married. Taking the time to learn about the legal requirements and consequences of marriage can save future headaches and heartache. It is easy to get swept up in the romance and emotion of planning a wedding, but it is equally important to understand any and all legal and financial nuances.

Basic Marriage and Ceremony Requirements

Each state has certain laws pertaining to marriage, and it is important to familiarize yourself with your states laws. It is also crucial to separate the religious and personal traditions of a ceremony, which have little bearing on the law, from those that do have a legal impact. For example, a marriage may not be valid unless a certain official performs it.

Prenuptial Agreements

Prenuptial agreements can be awkward legal considerations. Few people want to think about the potential for divorce before even getting married. However, this agreement can serve as one of the most important legal documents for any marriage. It can create a sense of security, stability and trust that the relationship might lack otherwise.

The Financial Impacts of Marriage

Marriage is far more than just a traditional commitment of love and support to another person. It comes with a long list of legal and financial impacts, rights and responsibilities that couples often do not fully consider before jumping into a marriage. One of the greatest financial changes is the creation of marital property and the distinction between this property and individual property. A spouse who wishes to keep some property or assets separate from their partner will want to fully understand what they need to do to ensure this. It can be very easy to mix personal with marital property. For example, if a person has a savings or retirement account and they allow their spouse to deposit money into it, that entire account may become marital property.

Impact on Children and Inheritance

A marriage can have a major impact on children from previous marriages, and can affect inheritance. Often a new spouse becomes automatically entitled to an estate unless specific assets are set aside in wills or trusts. This often leaves stepchildren left out if new children are born into the marriage, and the ensuing legal battles can tear families apart.

Legal considerations can be complicated and confusing. A family law attorney may be able to help a potential spouse investigate the unique impacts of marriage on their lives. It is important to do this early rather than try to fix problems created after the marriage.

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