Marriage Prep Checklist: Legal To-Dos for a Smooth Start to Your Happily Ever After

Engaged Couple Smiling on a Beach

Address key legal tasks before the wedding day to avoid future headaches and ensure a smooth start to marriage. The essential steps include everything from obtaining a marriage license to updating estate planning documents.

by
May 20, 2024

Congratulations on your engagement! Amidst the whirlwind of wedding planning, don’t neglect important legal steps ensuring a solid foundation for marital bliss. This checklist covers key tasks to address before walking down the aisle.

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Need assistance with prenuptial agreements, name changes or other wedding-related legal matters? Contact us today!

Proactively tackling legal to-dos now prevents headaches later, equipping you to handle challenges as a united team. Let’s review essential items to cross off your marriage prep list well before the big day.

1. Obtain a Marriage License

    • Check Local Requirements: Each state has unique procedures, waiting periods, fees etc.
    • Gather Necessary Documents: Birth certificates, photo IDs, divorce/death decrees if applicable.
    • Complete the Application: Provide requested information fully and accurately to avoid rejection.
    • Plan for Processing Time: Apply a few months before the wedding to allow ample turnaround.
    • Understand Expiration Terms: Most licenses valid 30-90 days so time the filing window appropriately.

Examples:

    • California requires a license from the county clerk with a 6-month validity period after issuance.
    • Texas has a 3-day waiting period between license issuance and the ceremony unless waived.
    • Most states require both parties to apply in person with a valid photo ID.
    • Blood tests are no longer required in the vast majority of states to obtain a marriage license.
    • The typical fee for a marriage license ranges between $30-100 varying by jurisdiction.

How to Proceed:

    • Contact your local county clerk’s office to confirm all requirements and necessary supporting documents.
    • Make an appointment if required or visit during office hours with your partner to complete the application.
    • Provide payment for the license fee via accepted methods which usually include cash, check or credit card.
    • Obtain your copy of the license and verify all information is accurate before leaving.
    • Keep your license secure until your wedding day to give to your officiant to complete and file post-ceremony.

FAQs:

    • What if one partner cannot apply in person? Most states require both to be physically present. A handful allow a notarized absentee form.
    • Can you obtain a marriage license in a different state from where the wedding will occur? No, you must apply in the state where you will have the ceremony.
    • Do you need a Social Security Number to get a marriage license? No, an SSN is not universally required. A valid government-issued photo ID suffices.
    • What happens if the license expires before your wedding date? You’ll need to apply and pay for a new one so factor in enough lead time.
    • Who can legally perform a marriage ceremony? A judge, licensed or ordained minister, priest, rabbi, court clerk or notary in most states.

2. Consider a Prenuptial Agreement

    • Determine If Necessary: Prenups warranted if either partner has significant assets, debts, children or anticipated inheritances.
    • Broach the Topic Early: Allow ample time for open discussions well before the wedding.
    • Hire Separate Attorneys: Each partner needs independent counsel for the agreement to hold up in court.
    • Fully Disclose Finances: Honesty about income, assets and debts is essential for validity.
    • Put It In Writing: Verbal agreements carry no weight so document all provisions formally.

Examples:

    • A prenup can specify that premarital property remains separate instead of converting to marital assets subject to division.
    • Provisions for alimony terms, asset/debt distribution, business ownership shares etc. can be outlined in the agreement.
    • Clauses benefitting children from prior relationships guarantee their inheritance rights regardless of remarriage.
    • Terms for dividing premarital debt prevents burdening one spouse financially in the event of divorce.
    • Specifying religious upbringing for children or pet custody alleviates contentious negotiations should the marriage end.

How to Proceed:

    • Discuss the idea openly with your partner focusing on how it protects you both.
    • Consult individual attorneys well-versed in family law and estate planning for guidance.
    • Collect all documentation related to assets, debts, business ownership, trusts etc. to disclose.
    • Negotiate terms amicably making concessions where reasonable to avoid an adversarial tone.
    • Ensure the signed agreement is notarized and safely stored with your other vital records.

FAQs:

    • Is it too late to get a prenup right before the wedding? Usually yes as most states require signing at least 30 days prior for enforceability.
    • What makes a prenup invalid? Incomplete financial disclosure, lack of independent counsel, coercion to sign, unconscionable terms.
    • Can you amend the prenup after marriage? Yes if both parties consent to the modifications in writing.
    • How much does a typical prenup cost? It depends on complexity but most range between $2,500-10,000 in legal fees.
    • Do prenups increase the likelihood of divorce? No, couples with a prenup statistically have a lower divorce rate likely due to improved financial transparency.

3. Update Estate Planning Documents

    • Draft New Wills: Reflect your new legal next of kin and any name changes.
    • Select Powers of Attorney: Grant your spouse legal authority to manage affairs if you’re incapacitated.
    • Adjust Advance Directives: Ensure your partner can make medical decisions per your wishes.
    • Update Beneficiary Designations: Add your spouse to insurance policies, retirement accounts, trusts etc.
    • Align Guardianship Provisions: Nominate the same candidates to care for minor children.

Examples:

    • Shifting a larger portion of assets to the surviving spouse is common when updating a will post-marriage.
    • Assigning durable power of attorney to your partner ensures they can handle legal and financial matters on your behalf.
    • Advance directives let your spouse make treatment decisions and access medical records if you’re incapacitated.
    • Naming your spouse as beneficiary on retirement plans avoids the time and expense of probate.
    • If you have children from a prior relationship, estate plans should be carefully constructed to protect their interests too.

How to Proceed:

    • Consult an estate planning attorney to guide you through the process and draft updated documents.
    • Discuss your wishes openly with your partner to ensure you’re on the same page.
    • Gather current estate documents, account statements, property deeds etc. for your lawyer to review.
    • Carefully select guardians, power of attorney agents, healthcare proxies and successor trustees.
    • Execute the documents following your state’s legal requirements and store securely.

FAQs:

    • What happens if you pass away without a will? The state’s intestacy laws determine asset distribution which may not align with your wishes.
    • Can you make your spouse’s power of attorney and healthcare proxy authority effective immediately? Yes, but most choose springing provisions activating only upon incapacitation.
    • Is it problematic to name your spouse as executor and sole trustee? It’s common but consider a professional fiduciary to assist if estate matters are complex.
    • How often should you review and update estate plans? At least every 3-5 years or after major life events like marriage, childbirth, divorce etc.
    • What’s the difference between a will and a trust? A will covers basic asset distribution while a trust offers more control and privacy, avoiding probate.

4. Decide on Name Changes

    • Discuss Preferences: Will you follow tradition, hyphenate, combine or keep names as is?
    • Understand the Process: Most states streamline name changes when obtaining the marriage certificate.
    • Notify Government Entities: Update Social Security card, driver’s license, passport, voter registration etc.
    • Alert Financial Institutions: Provide marriage certificate to banks, creditors, investment firms etc.
    • Inform Other Parties: Share new name with employers, schools, doctors, professional organizations, utilities etc.

Examples:

    • While the majority of American brides still take their husband’s last name, recent surveys suggest this trend is changing, with an increasing number of women choosing to keep their maiden name or hyphenate.
    • Alternatives to full name changes include hyphenating or moving the maiden name to the middle spot.
    • Same-sex couples often choose the name of the partner whose comes first alphabetically or sounds better.
    • Husbands take their wives’ names in only about 3% of heterosexual marriages.
    • The Social Security Administration, DMV and Passport Agency need official name change documentation first before updating records.

How to Proceed:

    • Check the name change box when applying for your marriage license to simplify the process.
    • Request multiple certified copies of your marriage certificate to provide to various institutions.
    • Prioritize legal name changes on government IDs and financial accounts before secondary notifications.
    • Obtain court order name change for both if hyphenating or taking a combined name.
    • Notify the post office of any address updates concurrently to avoid mail delivery issues.

FAQs:

    • How long after getting married do you have to change your name? There’s no time limit but aim to start the process within 2-3 months to avoid record-keeping confusion.
    • Can you travel internationally with documents in your maiden name? Yes but bring your marriage certificate as supporting proof in case of any confusion.
    • Does changing your name affect credit scores? No, as long as you notify all creditors so your credit history transfers properly to the new legal name.
    • Can you continue using professional degrees, licenses etc in your maiden name? Yes but most boards require formal notification of legal name changes for their records.
    • What happens to assets titled in a prior name? They’re still legally valid but it’s prudent to update name on deeds and accounts eventually.

5. Review Insurance Coverage

    • Assess Current Policies: Determine if individual or joint coverage offers the best rates and protection.
    • Add Spouse to Health Plan: Compare employer benefits for optimal coverage and cost-savings.
    • Increase Life Insurance: The payout should cover shared debts and living expenses sufficiently.
    • Bundle Auto Policies: Placing combined coverage with one carrier often results in lower premiums.
    • Purchase a Homeowners’ Policy: Maximize contents and liability coverage to fully protect joint assets.

Examples:

    • Increasing the health insurance deductible often makes premiums more affordable when adding a spouse.
    • Spouses with pre-existing conditions may find better coverage options on the private marketplace vs. employer plans.
    • Term life insurance offers an affordable way to maximize the death benefit value for young newlyweds.
    • Rental insurance is crucial if living in an apartment to protect against theft, damage and injury liability.
    • An umbrella policy provides extra liability protection beyond standard auto and homeowners coverage.

How to Proceed:

    • Schedule a meeting with an insurance broker to review all current coverages and identify gaps.
    • Calculate how much life insurance you need to replace income and cover debts/future obligations.
    • Shop around with multiple auto and homeowners carriers for the best bundling discounts.
    • Avoid letting policies in individual names lapse when transitioning to joint coverage.
    • Consider a personal articles policy or valuable items rider for high-value wedding gifts, rings etc.

FAQs:

    • How long can you stay on separate health insurance plans after getting married? Until the next open enrollment period unless you qualify for a special enrollment exception.
    • Do you need life insurance if you don’t have children? Yes, the payout helps the surviving spouse cover joint debts and replaces the deceased’s income contribution.
    • Should newlyweds get joint or separate auto policies? Joint is usually cheaper but not always – compare both options with your carrier.
    • What home insurance considerations are crucial for newlyweds? Ensuring wedding gifts, rings and upgraded furnishings have adequate coverage.
    • Can you insure a spouse with health issues? Yes but pre-existing condition limitations may apply for a set period before full coverage begins.

Summary

Wedding preparation icons with a couple.

Fun Fact: The month of June was named after Juno, the Roman goddess of marriage, which is why it’s considered fortuitous to tie the knot then.

With all the excitement of wedding planning and merging your lives, it’s easy to overlook important legal steps to set your marriage up for success. Checking these key tasks off your to-do list well before the big day ensures that you’re appropriately protected and prepared as you begin your lives together.

From obtaining the marriage license to getting a jump start on estate planning, these proactive measures lay a solid foundation for the future. Open communication is key throughout the process to ensure you’re on the same page about major decisions. Building your legal life together isn’t always the most thrilling aspect of wedding planning but it’s a crucial investment in your happily ever after.

Need Help With Your Marital Legal Matters? Contact Us

If you need assistance with prenuptial agreements, name changes, or any other marriage-related legal issues, we are here to help. Contact us today for a consultation to discuss how we can support you in building a strong legal foundation as you embark on this new chapter together.

Legal Help for all of your legal needs

Contact LawInc today for legal guidance and support as you plan for your future together.

Test Your Marriage Law IQ

Questions: Marriage License Requirements

    • 1. What’s the average fee for a marriage license in the US?
      • A) $20-50
      • B) $50-80
      • C) $80-120
      • D) $120-150
    • 2. How far in advance should you apply for a marriage license?
      • A) 1-2 weeks
      • B) 2-4 weeks
      • C) 1-2 months
      • D) 2-3 months
    • 3. What’s the most common validity period for a marriage license?
      • A) 30 days
      • B) 60 days
      • C) 90 days
      • D) 120 days
    • 4. How many states require a blood test for a marriage license?
      • A) 0
      • B) 1
      • C) 2
      • D) 3
    • 5. What’s the minimum age to marry without parental consent in most states?
      • A) 16
      • B) 17
      • C) 18
      • D) 19

Answers: Marriage License Requirements

    • 1. B) The typical marriage license fee ranges from $50-80 across counties with a few outliers on either end.
    • 2. D) Applying 2-3 months before the wedding date allows ample processing time and avoids last-minute stress.
    • 3. C) Most states’ marriage licenses are valid for 90 days after issuance but a few have 30 or 60 day limits.
    • 4. A) No states currently have blood test requirements for marriage license applications.
    • 5. C) 18 is the most common age of consent for marriage without parental permission but a few states allow it at 19 or 17.

Questions: Prenuptial Agreement Basics

    • 1. What’s the most crucial factor for a valid prenup?
      • A) Notarization
      • B) Separate counsel
      • C) Financial disclosure
      • D) Witnesses
    • 2. When’s the latest a prenup should be signed before the wedding?
      • A) 90 days prior
      • B) 60 days prior
      • C) 30 days prior
      • D) 2 weeks prior
    • 3. What terms are NOT enforceable in a prenup?
      • A) Alimony waivers
      • B) Infidelity penalties
      • C) Child support
      • D) Inheritance rights
    • 4. What’s the typical cost range for a prenup?
      • A) $500-1000
      • B) $1000-2500
      • C) $2500-5000
      • D) $5000-10,000
    • 5. What’s the primary purpose of getting a prenup?
      • A) Protect assets
      • B) Predetermine alimony
      • C) Avoid creditors
      • D) Lower taxes

Answers: Prenuptial Agreement Basics

    • 1. C) Full financial disclosure is the most important requirement for a valid prenup to show it was entered into knowledgeably.
    • 2. C) Signing at least 30 days before the wedding avoids the appearance of coercion and allows ample review time.
    • 3. C) Child support terms are not binding in a prenup as the court always prioritizes the child’s best interests.
    • 4. D) Prenups typically cost between $5,000-10,000 in legal fees due to their complex nature and potential for high financial stakes.
    • 5. A) Asset protection, especially for the wealthier spouse, is the most common motivation for getting a prenup.

Questions: Newlywed Estate Planning Essentials

    • 1. What’s the most important estate document to update after marriage?
      • A) Will
      • B) Trust
      • C) Power of attorney
      • D) Health care proxy
    • 2. What happens if you die without a will?
      • A) State law determines asset division
      • B) Spouse automatically inherits everything
      • C) Assets go to your children first
      • D) Court decides based on testimony
    • 3. What’s the main benefit of a living trust?
      • A) Avoiding probate
      • B) Minimizing estate taxes
      • C) Maintaining privacy
      • D) All of the above
    • 4. When does power of attorney authority activate?
      • A) Immediately
      • B) Upon incapacitation
      • C) After death
      • D) When specified in the document
    • 5. How often should you review estate plans?
      • A) Annually
      • B) Every 3-5 years
      • C) Every 10 years
      • D) Only after major life events

Answers: Newlywed Estate Planning Essentials

    • 1. A) Updating your will should be the first priority after getting married to ensure your spouse inherits according to your wishes.
    • 2. A) If you die intestate (without a will), the state’s default laws determine who gets your assets which may not align with your desires.
    • 3. D) Living trusts offer the key advantages of probate avoidance, tax efficiency and privacy for the settlement of your estate.
    • 4. D) Power of attorney can be springing (activates upon incapacitation) or immediate depending on how the document is worded.
    • 5. B) Reviewing your estate plan every 3-5 years or after major life events like marriage, childbirth or divorce ensures it stays current.

Disclaimer

The information in this article is general in nature and not intended as legal advice. Laws on marriage, prenups, name changes and estate plans vary significantly from state to state. For guidance on your specific situation, please consult a local family law attorney. Marriage is one of life’s biggest legal and financial commitments, so it’s crucial to understand all the implications before saying “I do”.

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