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GETTING MARRIED SO MANY IMPORTANT LEGAL IMPLICATIONS
When asked if I could write an article, I was faced with the dilemma of not only picking something topical but moreover, something that readers of it could relate to. Fortunately for me, this wasn’t as hard as I thought it might be. My life changed one Saturday in October when my boyfriend (as he was at the time) asked me the question that for years I had wanted to be asked. With no hesitation, I said ‘yes’ and we have been living in our happy bubble ever since.
The list of questions we have asked each other and, have been asked, is endless, but have all had one common theme; the wedding. It was only when I had a quiet 10 minutes to myself and, I sat with my legal hat on, that I wondered if I had other things to add to my “to do list”.
I asked my professional-self ‘what did I have to do?’ and, quickly realised I needed to follow some of the advice I had been giving to clients for years.
First and foremost, I would need to make a new will; preferably before the ‘big day’ and importantly, in contemplation of our marriage.
will would be invalid.
I am also going to have to make a new power of attorney. The one I have, although perfectly valid (even though it is in fact an old style Enduring Power of Attorney), is no longer appropriate for my circumstances. Whilst it appoints my parents (who I hasten to add, I have not fallen out with), it would not be fair on my husband-to-be, (or practical) for him not to be included.
My fiancé is a family lawyer and whether or not it is right for him, me or, indeed us, it is definitely worth considering a pre-nuptial agreement to protect us. This might cover issues such as property and assets we owned before we met and for this, I would need to speak to my matrimonial colleagues.
Aside from the legal documents I might need to put in place, I asked myself is there was anything else I had forgotten.
Ruth Baker Associate Director Wills & Estates 01905 677074
rbaker@thursfields.co.uk If I don’t do that, then, after the wedding, my current
Anything that, if I did not address, would cause James any difficulty, particularly on my death.
I reminded myself that
I should of course check what nominations I have made, if any, to the provider of my death in service benefit through my employment.
In the same vein, I will need to check what
happens on my (untimely) death to any pension pot I have been contributing to since I started working; both at my current employment but also, from any previous employment where I have contributed into a works (or arguably a private) pension. Can I think back that far?!
What about any life insurance cover? This would also need reviewing. Perhaps, this would be something we look at together?
So, clearly, my ‘to-do’ list is longer than I anticipated it might be when I started it. Who would have thought getting married would have so many important legal implications. However, whilst trying not to lose the romanticism of the occasion, if I want my wishes to be carried out and my husband to be protected, then listening to my head has to be the right thing to do, for everyone.
Worcester 01905 730450 | Kidderminster 01562 820575 Stourport 01299 827517 | Halesowen | Sedgley | Solihull | Birmingham
www.thursfields.co.uk
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