Home / Knowledge Base / Legal issues to consider before getting married

Legal issues to consider before getting married

SHARE THIS PAGE

What Every Couple Should Know Before Saying “I Do”

Are you wondering about the legal issues to consider before getting married?  You’re not alone, this is one of the most searched phrases for couples heading toward the altar.  Marriage is not just a romantic commitment; it’s a legal contract that affects your property rights, financial obligations, estate plans, and even future liability.  So, what should you consider before tying the knot?  The short answer:  A lot more than just picking a wedding venue.  In this article, we’ll walk you through key legal areas to understand before saying “I do”, and how getting a phone consultation, in-person consultations, or document review from a qualified attorney could save you from potential headaches down the road.

1. Marriage Is a Legal Contract: Understand What That Means

You might not think of marriage as a legal agreement, but in the eyes of the law, it is exactly that.  Once you get married, your finances, responsibilities, and rights become intertwined under state and federal laws.

Here’s what you should be aware of:

  • Your income and property may become community property (in community property states like California or New Mexico), which means everything earned or acquired during the marriage could be split 50/50 in a divorce.
  • You may become responsible for spousal debts.
  • Marriage impacts your tax filing status, healthcare decisions, and inheritance rights.

Before making it official, consider reviewing these points with an attorney who can walk you through your state’s specific laws during a quick phone or in-person consultation.

2. Should You Get a Prenuptial Agreement?

Who needs a prenup, and why?  Contrary to popular belief, prenuptial agreements aren’t just for the rich and famous.  A prenup can protect both parties, especially if:

  • One or both partners have significant assets or debts.
  • There are children from a previous relationship.
  • One partner owns a business or expects to receive an inheritance.

A prenuptial agreement can clarify what is separate property versus marital property, and it can streamline the process if divorce ever occurs.

An attorney can help draft a prenup that meets state legal standards and will hold up in court.  Even if you don’t get a prenup, having a document review or attorney letter can provide clarity and peace of mind.

3. Real Legal Case: Prenup Contested in Court

Let’s look at a real case:  In In re Marriage of Bonds (2000), Major League Baseball player Barry Bonds had a prenup that his wife contested during their divorce.  She claimed she didn’t fully understand the agreement and felt pressured to sign it without legal representation.  Although the California Supreme Court upheld the prenup, it highlighted the importance of both parties having independent legal counsel and adequate time to review documents before signing.  This is exactly where a document review or attorney-drafted letter can make a significant difference.

4. Financial Disclosures and Transparency

Marriage comes with financial entanglements, so it’s essential that both partners disclose:

  • All income and assets
  • Any debts (credit cards, student loans, mortgages)
  • Obligations like alimony or child support from previous relationships

Failure to disclose this information can lead to mistrust or even legal disputes later on.  Many attorneys offer a consultation or document review to help couples understand how their financial disclosures can affect their marriage contractually.

Get Legal Help Today

Become a Member

Personal Legal Plan

Only $24.95 per month

5. Estate Planning: Wills, Beneficiaries, and More

Once you’re married, your legal and financial picture changes, and so should your estate plan. Here’s what to update:

  • Wills – Without a will, state law decides how your estate is divided.
  • Beneficiary designations – Update your life insurance, retirement accounts, and payable-on-death bank accounts.
  • Power of Attorney and Health Care Directives – These documents determine who makes decisions if you’re incapacitated.

Even if you already have an estate plan, a quick attorney consultation can ensure it’s current and reflects your marital status.

6. Legal Responsibilities and Shared Liabilities

Here’s a list of how marriage can change your legal responsibilities:

  • Medical Decisions: Your spouse becomes your next of kin.
  • Power of Attorney: You may need to create or update legal documents.
  • Debt Responsibility: You may be responsible for debts your spouse incurs during marriage.
  • Legal Claims: A spouse can be named in lawsuits or claims related to the other.

This is an ideal time for a legal phone consultation or attorney-prepared letter to help clarify any uncertainties.

7. Name Changes and Identity Updates

Thinking about changing your name after marriage?  Here’s what that entails:

  • Social Security Administration
  • DMV
  • Bank accounts
  • Insurance policies
  • Passport and travel documents

It may sound minor, but missing steps can delay tax filings or travel.  If you’re unsure about which documents need to be changed, an attorney-made phone call to the appropriate agency or a written letter can speed things up.

8. Key Legal Questions to Ask Before Marriage

When you’re preparing to legally unite your life with someone else’s, here are a few questions to consider:

  • Are we in agreement about how we handle money?

  • Do we understand how our assets and debts will be treated?

  • What happens to our property if one of us dies unexpectedly?

  • Are we legally prepared for worst-case scenarios?

Taking the time to explore these questions, and consult with an attorney for a review or personalized letter, can prevent emotional and financial strain later.

Love Is Emotional, Marriage Is Legal

While your relationship may be built on love, trust, and compatibility, marriage is ultimately a legal partnership.  Treating it that way before you walk down the aisle can prevent a lot of confusion and conflict later on.  Whether it’s through a quick phone consultation, in-person meeting, or even a simple attorney-written letter, getting legal advice before marriage is one of the most thoughtful ways you can protect both yourself and your future spouse.

SHARE THIS PAGE

Woman enrolling online for a prepaid legal plan.

Become a Member

Once you become a member, you can consult with a traffic defense attorney in your area or the area you need assistance with in addition to utilizing all the legal plan benefits.

error: