Love and the Law: Legal Considerations Before the Big Day
Ahhh Valentine’s Day. Candy hearts, chocolates, roses, dinner out…all things that come to mind when thinking of Valentine’s Day. Did you know that Valentine’s Day has replaced Christmas as the most popular day to get engaged? If you or someone you know is thinking about getting married or are in the middle of wedding planning, there are legal issues you will want to keep in mind. While it may be more fun to think about color and venue choices, thinking through legal issues in advance of the big day can prevent headaches later. Here are a few legal considerations as you plan the big day.
Make sure you have a written contract with vendors for your event, and make sure you read the contract before you sign it. You should be sure to have a clear understanding of the terms regarding payment, postponement (a very real issue in COVID times), vendor coordination, etc.
While it isn’t romantic to think about, prenuptial agreements are something to consider, especially if this is a second marriage, if there is a disparity in the value of assets or debt partners are bringing to the marriage or if there are children from previous relationships. A prenuptial agreement can jump start a valuable conversation before the wedding by clarifying financial rights and responsibilities in advance of commingling of assets.
If you already have an estate plan in place, you will want to review your plan in light of your change in marital status. If you don’t already have these legal documents in place, now is a good time assess and reduce your wishes to writing. The will/trust preparation process will help you identify decisionmakers in the event of your incapacity or death, help you to memorialize your wishes, and will also cause you to assess whether any change of beneficiary on retirement plans or life insurance is needed.
While it is most common for a bride to take her husband’s last name, trends are changing. Both partners should decide if they want to change their name. It is becoming increasingly popular for the couple to select a hyphenated last name for both parties. A court proceeding may be necessary to legally change your name.
Marriage is a big decision and a legal contract. Thinking through legal issues in advance can reduce the stress on your wedding day and start your marriage off on solid footing.