Why do you need a marriage solicitor?
Marriage and relationship solicitors specialise in protecting the interests of those who are married, about to get married, or co-habiting. This is especially important for high-net-worth individuals and those about to marry for the second or subsequent time with substantial assets (i.e., money, investments and pensions) or property.
Without seeking sound advice from a marriage solicitor, you may find that your married partner has rights to your pre-marital assets if you separate. Likewise, if you co-habit with your partner (i.e., you are not married or in a civil partnership), you may find that you do not have equal rights to certain property that you used while living together if you separate. This is because unmarried couples do not have the legal right to claim ownership of their partner’s property following a breakup.
At Reiss Edwards, our marriage lawyers and relationship solicitors can explain all your legal rights and help you reach a fair and amicable agreement on what will happen to any assets and property in the event of separation.
How can our marriage solicitors help?
Our marriage and relationship solicitors specialise in helping couples reach agreements on their children, property and assets in the event of separation, including:
- Prenuptial agreements
- Postnuptial agreements and
- Cohabitation agreements for unmarried couples
Prenuptial agreements
A prenuptial agreement (or “prenup”) is a legal document drafted by two people who plan to get married. The document sets out in advance of the marriage how any assets (e.g., property, money, pensions, cars, money, and income) should be divided in the event of separation. The purpose of writing a prenup is to avoid the potential for any disagreements or misunderstandings should separation occur. You may wish to have a prenup drawn up because you have acquired sizeable assets (e.g., family businesses, inheritances, pensions, property), and you want to protect these for the benefit of your children from a previous marriage. Our marriage lawyers and relationship solicitors will draft a prenup to:
- Protect the inheritance of your children
- Protect any inherited money, assets or savings acquired before marriage
- Protect you from the debts of your partner
- Ensure that you retain control of your business and
- Determine how your assets will be divided in the event of separation
It is important to note that prenuptial agreements are not legally binding, but the courts may rely on their contents in the event of a dispute following separation. At Reiss Edwards, we will ensure that your prenup is drafted correctly and, therefore, has the best chance of being upheld in court.
Postnuptial agreements
Postnuptial agreements serve the same purpose as prenuptial agreements but are entered into when married or in a civil partnership. You may decide to enter into a postnuptial agreement if you did not enter into a prenuptial agreement before getting married. Or it may be the case that you separated from your partner and have reconciled your relationship and now wish to put in place a postnuptial agreement. Our marriage and relationship solicitors will explain the implications of not having a postnuptial agreement and draft an agreement that protects your interests and needs and those of your family.
Cohabitation agreements for unmarried couples
Co-habiting couples who are not married do not have the same rights as married couples. For example, if you live with your partner in a property that is in their name, no matter how many years you have been co-habiting and contributing financially, you may have no rights to the property if you separate.
Cohabitation agreements are entered into between unmarried couples who plan to live together. The purpose of the document is to set out any child and financial arrangements in the event of separation, illness or death. Our relationship lawyers and marriage solicitors will explain the legal risks of co-habiting, and how you can reach an agreement with your partner that protects your interests and those of your children if you separate.
Legal rights differences between living together and marriage
Unfortunately, even couples who have been living together (cohabiting) for many years do not enjoy the same legal rights and protections as married couples. Couples who live together but are not married or civil partners have no special rights. This means that if you are cohabiting with your partner and you later split as an unmarried couple, you may not have the same legal protection in terms of your parental rights, property rights, financial rights, and inheritance rights as married couples.
Many people believe that a couple who live together but do not marry or enter a civil partnership are effectively in a ‘common law marriage’, meaning that they have the same legal rights to money, property, and inheritance. The reality is that in UK law, there is no concept of ‘common law marriage’ and that cohabiting couples are not protected in the same way as married couples. The main differences in legal rights between married and cohabiting couples are as follows:
Property Rights
Married spouses normally have equal rights to marital property, and in the event of divorce, assets are often divided equitably. For cohabiting couples, property rights are typically based on individual ownership, meaning that individuals only have rights to the property they legally own or contribute to, and this can lead to disputes if the relationship ends.
Financial Support
Married spouses have legal obligations to financially support each other, and this can include spousal support following a divorce. On the other hand, cohabiting partners have no automatic legal obligation to provide financial support to the other partner in the event of separation.
Inheritance
Married spouses automatically inherit most or all the estate of their partner if they die. This is not the case for cohabiting partners. Without a Will in place, cohabiting partners may not automatically inherit from each other under the law of intestacy.
Making important decisions
Married spouses automatically have a say when it comes to making important medical decisions for their husband or wife if they are incapacitated. Cohabiting couples, on the other hand, need a power of attorney for health care to have the same rights.
Children and parental rights
Married partners have automatic parental rights and responsibilities, whereas cohabiting couples may need to seek permission from the court to acquire parental rights and responsibilities.
It is important for cohabiting couples to be aware of these differences and to consider legal arrangements, such as a cohabitation agreement or Will, to protect their rights and interests.
Legal rights differences between marriage and civil partnership
Getting married or entering a civil partnership provides important legal protection. In general, those who are married and those who are in a civil partnership enjoy the same legal protection and rights and obligations regarding:
- Parental responsibility for children
- Marital assets
- Money
- Property
- Pensions
- Important healthcare decision-making and
- Inheritance (including exemption from inheritance tax)
The only real difference when it comes to legal rights is that civil partners cannot call themselves married for legal purposes. In addition, marriage is formed by vows, whereas a civil partnership is formed by signing a civil partnership document. Marriages are ended by way of divorce, whereas civil partnerships are ended through dissolution. Either way, the process of divorce and dissolution is broadly the same.