A Legal 'To Do' list for marriage or partnership

When most people think about a marriage or civil partnership it’s to make a commitment to spend a lifetime together and celebrate the joyous occasion with friends and family. However, there are legal elements of a marriage or partnership you will need to consider. Importantly, since 27^th February 2023, you need to be 18 years of age or older to be legally married in England. You also need to be 18 years of age or older to enter into a civil partnership.

Before you get married or enter into a civil partnership

Before you get married or enter into a civil partnership, you must give at least 28 days’ notice of your intention. You can only get married or enter into a civil partnership after the notice period has expired. To give notice, you must visit the local register office in the area where you have lived for at least 7 days prior to your visit to the office. If you and your partner live in different registration districts, you will each need to give notice in your own district.

Where one of the partners is from outside the UK, you both must give notice together.

After you have given notice, you must hold your marriage or civil partnership ceremony within 12 months.

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. Banns, which are a notice of proposed marriage, will be read in each of the churches of the couple for at least three Sundays prior to the ceremony.

Clearly, if you are already in a marriage or civil partnership, you cannot marry or enter into another marriage or civil partnership until you are divorced or your civil partnership is dissolved.

Finally, if you are closely related, you will be unable to get married or enter into a civil partnership.

Where can the marriage take place?

Marriages and civil partnerships can only take place in certain locations. A Register Office, churches or other registered religious building are clearly suitable locations. Also, the ceremony can take place in any premises approved by the local authority. In addition, if a partner is housebound or detained, the ceremony can take place at the home of the housebound partner or in a prison. The ceremony can also take place in a hospital should one of the partners be seriously ill. It can also take place in a licensed naval, military or air force chapel.

When planning your marriage or civil partnership ceremony, make sure you check the venue is registered, otherwise, it cannot host your ceremony. 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 you create a contract with your spouse or partner. The terms of contract are fairly basic. You each make a verbal declaration, usually called “exchanging vows” and then sign a marriage or civil partnership 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 marriage contract or civil partnership.

Importantly, a marriage or civil partnership can only be ended by an order of the courts or if one of the partners dies.

After the marriage 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 premise on entering into a marriage or civil partnership is that you share your property, assets and investments. However, that does not always mean you share these equally, especially on separation or divorce.

Do you need to “adjust” the terms of the marriage contract?

Prenuptial and post-nuptial agreements are becoming more common. In the case of a civil partnership, these are called pre-registration or post-registration agreements. A prenuptial 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 alter the terms of the contract between the spouses or partners. Whilst these documents seek to regulate the relationship between the parties, they are, in effect, contracts seeking 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.

You should be aware that these agreements are not currently legally binding in the UK. They are, however, increasingly being accepted by the courts as evidence of the parties intentions.

What do you want to be called?

Traditionally, a wife in a marriage would use her husband’s surname. However, the female partner is perfectly entitled to retain her own surname. More often we are seeing one or both parties using a hyphenated surname where both surnames are combined. There is no legal requirement for one party to adopt the surname of the other. However, if you do decide to change your surname or use a hyphenated surname, you need to inform some organisations about this.

You should 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. If you have a pension, own shares or have any investments, you will need to advise the relevant organisations about your change of name.

Draw up your wills

Once you have married or entered into a civil partnership, it makes perfect sense to make a will or to review any existing will you might have. Making a will allows you to decide who should share in your estate after your death.

Check the pre-ceremony steps to ensure a successful day

You will want to make sure your ceremony goes without a legal hitch! By taking the time to make sure you have ticked off all the legal requirements, you will be able to relax and enjoy your day. Make sure you get the basics right and get your marriage or civil partnership off to a successful start!