When you are getting married or planning any special occasion no one wants to think about what could go wrong, but spending some time making sure that you have every base covered at the start can save a lot of heartache further down the line. We talked to Downs Solicitors about how you can ensure your wedding goes off without a hitch.
Like any special occasion, weddings are a happy time where contracts and all things legal are maybe not at the forefront of your mind. What are some of the legal issues that can arise during the planning of a wedding?
It can be easy for your emotions to run away with you while you’re planning your wedding, so it is important to slow down and consider some of the important legal decisions that may affect your big day. Issues can arise with suppliers, like venues, caterers, and photographers. What happens if they go out of business? What are their cancellation and refund policies? There are also the legal formalities of the marriage itself – does your venue have a license and does the ceremony comply with UK marriage laws? There may be other legal matters between you as a couple to talk about, like pre-nuptial agreements, property ownership or even wills. Some documents become void after marriage, so it is worth making sure everything is up to date.
How can you make sure that you don’t fall foul of any supplier contract issues when planning your wedding?
Wedding suppliers will have their own contractual terms, and it’s crucial to read them carefully before signing. Check for key clauses such as payment schedules, cancellation policies, force majeure – which became particularly important during the pandemic, but it could cover any major unexpected event.
Also, consider what happens if a supplier fails to deliver on their contractual promises. If terms seem unfair or unclear, seek legal advice before committing and always get everything in writing. You may also want to become familiar with the Consumer Rights Act 2015 as part of this review process.
Another topic that often gets discussed around weddings is pre-nups. Are these actually a thing or just something we see in the movies?
Pre-nuptial agreements (pre-nups) are made before two people enter into a marriage or civil partnership to set out how assets should be divided in the event of a split. As prenups are not automatically enforceable in England and Wales, some people take the view that they are not worth entering in to. Prenups have gained significant recognition in recent years, particularly since the binding authority of the decision in Radmacher -v- Granatino (2010). According to the Marriage Foundation, 22% of marriages are subject to a prenup. This is an increase from 8% in the 1990s. The Co-Op Legal services also report that prenup sales in 2023 went up 60% compared to 2022.
Courts are also increasingly upholding pre nups , particularly if they’ve been properly drafted, entered into freely and are fair to both parties.
When is it a good idea to have a pre-nup in place?
While they might not seem romantic, they can provide clarity and protection – particularly if one or both partners have significant assets, family wealth, or children from previous relationships.
The increase in popularity of pre-nups is also thought to be linked to people marrying later in life, as it means each party may be contributing more – or even less – to the marriage then the other. For example, if one person in the couple owns a couple of properties, a business and is heir to a family inheritance, they may consider a pre-nup if the other person in the couple has no assets and has a significant debt.
Pre-nups are also about safeguarding and can ensure any children from previous marriages are protected financially too.
Essentially, pre-nups provide certainty and can prevent lengthy legal battles if a marriage unfortunately breaks down.
How can you handle creating a pre-nup without it becoming a sticking point in the run-up to what should be the happiest day of your life?
The key is to approach it as a practical conversation rather than a romantic challenge. Open discussions about financial expectations and responsibilities can actually strengthen relationships, because it helps each person to know where they stand in the event of the marriage ending.
It’s best to raise the topic well in advance, ideally at least six months before the wedding. This will avoid last-minute pressure, which can then call the whole document into question should you need to rely on it. If you do go down this route, both parties should seek independent legal advice to ensure fairness. Framing it as a mutual protection measure rather than a sign of doubt in the marriage can help keep the conversation positive.
Are there any other legal processes you should be considering in the run-up and after your wedding?
There are plenty of things you will need to consider in the run up to your wedding so here is a quick checklist to help make sure you have considered any legal and financial matters:
· Updating or creating a will – Marriage revokes existing wills, so without a new one, your savings or your assets may not be distributed as you intended.
· Joint property ownership – If you’re buying a home together, consider whether you should own it as joint tenants (equal shares) or tenants in common (defined shares). If the property is to be held in unequal shares, it is important that there is also a prenuptial agreement to support an unequal distribution. Often property held together will be treated by the Courts as a marital asset and therefore without a prenup, the additional contribution made by one party will not be protected by the legal title document.
· Name changes – If either spouse is changing their name, they’ll need to update official documents such as passports, bank accounts, driving licenses and any vehicle documentation.
· Tax and financial planning – Marriage can affect tax allowances, pensions, and inheritance tax, so it is worth reviewing your financial position as well.
While it’s easy to get caught up in wedding plans, taking time to address any legal implications can help ensure a smooth start to married life.
For more information on any of the above please contact Terina Farnan and Bryony Palmer at Downs Solicitors.
