Marriage is one of the most joyful milestones in life, but it also carries significant legal implications that many couples overlook until it’s too late. Beyond the flowers and the venue, your wedding day creates a legally binding contract. This checklist will help ensure you’re as prepared legally as you are romantically.
Give Notice of Marriage
In England and Wales, both parties must give formal Notice of Marriage at their local Register Office at least 28 days before the ceremony. If either party is a non-EEA national, longer notice periods may apply. Without this step, your marriage cannot legally proceed.
Check Your Eligibility
You must both be 18 or over (as of February 2023, 16- and 17-year-olds can no longer marry in England and Wales, even with parental consent).
You must also be single, divorced, or widowed – not already in a marriage or civil partnership.
Update Your Will
This is one of the most overlooked legal steps. In England and Wales, marriage automatically revokes any existing Will. If you do not make a new Will after your wedding, you will die intestate meaning the law, not your wishes, decides who inherits your estate.
Action: Instruct a solicitor to draft or update your Will before or shortly after your wedding. Do not leave this until later.
Consider a Prenuptial Agreement
While not strictly legally binding under English law, prenuptial agreements are given significant weight by courts in financial remedy proceedings. If either party has substantial assets, inheritance prospects, business interests, or children from a previous relationship, a prenup is well worth considering.
To carry the most weight in court, it should be signed at least 21 days before the wedding, with both parties having received independent legal advice and made full financial disclosure.
Review Your Pension Nominations
Many people hold pension pots with an expression of wishes or nomination of beneficiary form. Marriage doesn’t automatically update these. Contact your pension provider and update your nomination to reflect your new spouse.
Update Your Life Insurance
Review all life insurance policies and ensure your spouse is named as beneficiary. You may also wish to consider taking out joint cover or increasing your existing policy to reflect your new financial circumstances.
Think About Property
If you own property together, consider whether it is held as joint tenants (where the survivor inherits automatically) or tenants in common (where each owns a defined share that passes via your Will or intestacy rules). Your solicitor can advise on which structure suits your situation.
Name Change & Documents
If you plan to take a new surname, you will need to update your passport, driving licence, bank accounts, HMRC records, and employer records. Keep several certified copies of your marriage certificate as these will be required by various institutions.
Consider a Lasting Power of Attorney
Marriage is also a good time to put a Lasting Power of Attorney (LPA) in place. An LPA allows your spouse (or another trusted person) to manage your financial affairs or make health and welfare decisions on your behalf if you become unable to do so.
Need help with any of the above? Our solicitors are experienced in family law, estate planning, and property matters. Get in touch for a no-obligation consultation.