Legal Considerations for Engaged Couples
If you are engaged, or considering marriage, you need to understand the potential legal implications.
Should you decide to live together first, you will have few rights as a cohabitee, so you may need to consider how to structure matters during this period.
Marriage is a binding contract, with financial obligations to each other for life, or until a financial order is made by the court ending these.
If you have assets that you consider to be your own, you can take steps to protect these. We look at some of the legal aspects of engagement and marriage, and steps you can take to reduce the risk of misunderstandings and disputes.
Cohabitation
Generally speaking, your assets will remain your own when you live with someone. Care needs to be taken if you move into your partners’ property and start making payments towards it, or towards the bills so that they can pay the mortgage however. Unless your name is on the legal title to the property, you will not be entitled to anything when you separate unless you can show that this was always the intention.
If you are planning a lengthy engagement, you can consider a cohabitation agreement. This sets out how matters will be dealt with while you live together and in the event that you separate.
When you marry
On marriage, you and your spouse will become financially tied to each other. Should you separate, the court will split your assets in the way that it believes will adequately provide for each of you. If you have more assets than your future spouse, you can consider a prenuptial agreement.
This can include how financial issues will be dealt with during your marriage and if you split up. While the agreement will still need to deal fairly with both parties, it can allow you to protect your assets as far as possible. This can be particularly important if you already own property or a business, or if you are likely to inherit money.
While prenuptial agreements are not legally binding, the courts will generally follow their terms, providing that the following apply:
- The document was correctly drafted and signed as a deed
- Each of you made a full financial disclosure to the other
- The document was signed freely without pressure
- You both received independent legal advice before you signed
- The agreement is fair and meets both of your needs
- The agreement does not prejudice any children’s interests
- The document was signed at least a month before the marriage
Putting a prenuptial agreement in place is a good way of starting the new phase of your life on an open footing, and can help you avoid disagreements later on.
Who owns the engagement ring if we separate?
An engagement ring is considered an absolute gift, unless it was given on the understanding that it would be returned should the relationship end, for example, if it is a family heirloom.
What are your rights following a broken engagement?
There is no legal provision for those who were engaged following the ending of a relationship. If a couple lived together and one party was paying money towards a property held in the other party’s name, the paying individual might have a claim under the Trusts of Land and Appointment of Trustees Act 1996 if they can show that there was the intention that they would have an interest in the property.
However, this is neither simple nor straightforward, and it is far better to formalise any agreements in either a living together or cohabitation agreement or, once marriage is imminent, a prenuptial agreement.
What other legal documentation do I need if I marry?
Along with a well-drafted prenuptial agreement, you should ensure that you make a Will if you marry. Marriage automatically invalidates an existing Will, unless it was specifically made in contemplation of the marriage.
A will is particularly important if you have children from an earlier relationship or a non-traditional family structure.
Contact Us
If you would like to speak to one of our expert family lawyers, ring us on 0800 015 0340 or email us at info@chadwicklawrence.co.uk.
