Couples tend to see marriage or civil partnership as a celebration in front of loved ones followed by happy memories together. However, there are legalities of a marriage or civil partnership that need to be considered. Crucially, since 27th February 2023, the minimum legal age to get married or enter into a civil partnership has increased to 18.
Pre-Marriage or Civil Partnership
Prior to getting married or entering into a civil partnership, you are required to give at least 28 days’ notice of your intention to do so. You are only entitled to marry or enter into a civil partnership upon expiry of the notice period. To give notice, you will need to book an appointment with your local registry office where you have lived for at least 7 days before giving notice. If you and your partner live in different registration districts, each of you will be required to give notice in your own districts.
If one of you lives outside of the UK, you must go to give notice together.
Once you have given notice, you then have 12 months in which to get married or enter into a civil partnership.
However, if you are getting married with the Church of England or Church of Wales, you do not usually need to give notice to the registrar. For at least 3 Sundays prior to the wedding, Banns will be read in the church of each partner.
If you are already married or in a civil partnership, you cannot re-marry until your current marriage or civil partnership has been dissolved or you have divorced.
Finally, if you are closely related, you will be unable to get married or enter into a civil partnership.
Where can you get married?
The ceremony can only take place in certain locations. Register Offices, churches or other registered religious building are suitable locations. However, there are other alternative venues that are on an approved list. Additionally, if a partner is housebound or is in prison, the ceremony can take place at the home of the housebound partner or in a prison. The ceremony could take place in a hospital if one of the partners is seriously ill. It can also take place in a licensed naval, military or air force premises.
When planning your ceremony, be sure to check the venue is registered, otherwise, you cannot hold your ceremony there. The UK Government maintains an approved premises list which you can search.
A marriage or civil partnership is a contract
When you marry or enter into a civil partnership this creates a contract with your spouse. The terms of contract are basic. You each make a verbal declaration, often known as “exchanging vows” and then sign a schedule. This is done in the presence of at least two witnesses. From that point, you gain a range of legal rights as a result of the contract.
Only a court order or the death of a partner can end a marriage or civil partnership.
After the ceremony, you must return the signed schedule to the Register Office within 21 days where it will then be added to the electronic register.
The basic understanding on entering into a marriage or civil partnership is that you share your property, assets and investments. However, this does not always mean equally.
Do you need a pre or post-nuptial agreement?
The rise in pre and post-nuptial agreements is ever increasing. In a civil partnership, these are called pre-registration or post-registration agreements. A pre-nuptial or pre-registration agreement is entered into before the marriage or civil partnership takes place. A post-nuptial or post-registration agreement is entered into after the date of the marriage or civil partnership.
These documents are able to vary the terms of the contract between the spouses or partners. These documents essentially seek to protect the assets of the parties and set out what should happen in event of divorce or the dissolution of the civil partnership.
These agreements will typically cover assets owned by the parties prior to the marriage or civil partnership, any inherited property, business interests and assets.
The agreements are not legally binding, however the Courts are beginning to accept more and more of them.
Do you want to change your name?
Traditionally, wives take their husband’s surname. However any party to the marriage is perfectly within their right to retain their own surname. More often we are seeing one or both parties adopting double barrelled surnames. There is no legal requirement for one party to adopt the surname of the other. If you to decide to change your name, there are a number of organisations you will have to inform.
You will need to contact your bank, your employer and DVLA to let them know about your change of name. If you have a passport and change your name, you will need a new passport in your new name. You will also need to inform pension providers and any companies that you own shares in.
Make new wills
Marriage revokes any existing wills, so it is sensible to make a will after you are married or have entered into a civil partnership. A will allows you to decide who benefits from your estate after your death.
Get the basics right and ensure the start of the rest of your lives together is a smooth one by ticking off our checklist.
