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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.
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:
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.
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:
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.
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.
Marriage comes with financial entanglements, so it’s essential that both partners disclose:
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.
Once you’re married, your legal and financial picture changes, and so should your estate plan. Here’s what to update:
Even if you already have an estate plan, a quick attorney consultation can ensure it’s current and reflects your marital status.
Here’s a list of how marriage can change your legal responsibilities:
This is an ideal time for a legal phone consultation or attorney-prepared letter to help clarify any uncertainties.
Thinking about changing your name after marriage? Here’s what that entails:
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.
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.
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.
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