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4 Little Legalities of Marriage

4 Little Legalities of Marriage

The question has been popped, the invitations sent, and the dress bought—but what about all of the boring, legal stuff? Here are 4 little (but important) legal matters to consider when you tie the knot.

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The Pre-Nup

Oh, sorry. I didn’t mean to turn off the romance here. Pre-nups (formally, pre-nuptial agreements) aren’t just for the rich or pessimistic anymore. Talk to your fiancé about creating a pre-nup, or you can talk about a post-nup after you are married. A pre-nup will help protect you and your spouse should there be some problem with marriage in the future.

While this sounds like a “glass half empty” approach, here are a few situations that might cause you to call a lawyer: One (or both) of you

  • Own assets such as a house or stocks.
  • Owns all or part of a business.
  • Is expecting to receive an inheritance.
  • Is supporting the other through college.
  • Foresee a large increase in income.

If any of these situations apply to you, think about signing a pre-nup. It will not jinx your marriage, I promise. You can even create a “sunset provision,” which is basically an expiration date—if you last, let’s say, 10 years, then the pre-nup will be void. Some provisions you can include in an agreement are division of property, spousal support, provisions for specific ground of divorce (different results if you divorce because of infidelity versus just not getting along), treatment of future earnings, and the possession of assets. When drawing up the agreement, make sure you both have lawyers present and there is full disclosure between both parties.

The License

This part is pretty easy: you have to get a license to get married. Each state has slightly different rules regarding marriage licenses, but you will usually need two forms of identification and cash or check to pay a processing fee. Both the bride and groom need to be present. While it’s good to think ahead, don’t jump the gun too much on getting your license—most licenses will expire 30 to 60 days after issue. Also, some counties have exclusive licenses, meaning they can’t be used outside the county. So, check your county’s website to find more information on fees, expiration dates, and any other restrictions.

The Name Change

If you are going to opt for the tradition of taking your husband’s name, here are a few points to remember. (If you’re choosing to keep your name… just skip this section.) You need to change your name as soon as possible on all government and financial forms. This includes social security, bank accounts, credit cards, driver’s license, and any other identification cards. Doing this right after your wedding will save you a lot of time and confusion when you mistakenly sign your married name on an account still laden with your maiden name (from personal experience: it’s not fun). Look at the websites or call the offices of your accounts and government agencies to find out the specific actions needed for each change. Most of these changes will require a copy of your marriage certificate (which should be mailed to you the week after your wedding, from the license-granting county) and identification.

The Policies

Hey, remember those insurance policies? You don’t want to be caught driving your husband’s car without your name on that magic slip of paper. Often, combing car insurance policies will save you money. There are some cases where you’ll want to keep them separate, though—if your hubby-to-be has a bad driving record (or maybe you do…), or if one of you has a pricy ride, keep the policies separate. After deciding on car insurance policies, check on any other policies you might have. If you have life insurance, it is customary to name your spouse as a beneficiary. Look into buying a family plan for medical insurance, an option which might be cheaper than two individual plans.

Okay, the boring stuff is over now. Just remember these 4 little legalities of marriage as you prepare to walk down the aisle, and there will be a lot less stress after the honeymoon bliss!

Author Byline:

Victoria Ramos studied business and now blogs about developments in the field, as well as her other interests in law and marketing. She stays busy consulting for Lawyers in Barrie, socializing, hosting parties, decorating, and writing.