Getting married & civil partnerships

Marriage and civil partnerships change your legal status. For example, any previous will ceases to be valid. Family lawyers often see couples who are about to be married to discuss whether or not a ‘prenup’ is required.

Laws in relation to prenups (binding financial agreements entered into in contemplation of marriage) vary between countries. Under UK and Australian law they are not automatically legally binding but will be usually be upheld by a court provided strict conditions are met. These have been set by the Supreme Court of the UK:

• The agreement must be freely entered into by both parties, each of whom understands the implications of the agreement.
• The agreement must be contractually valid, fair and have been made at least 28 days before the wedding.
• Each party must have disclosed the true extent of their financial resources and obligations, the agreement should not prejudice and children, and both parties needs must be met.
• Both parties must have received independent legal advice.

Legli is sponsoring experts in the field to provide low-cost initial advice to those considering marriage, as well as providing document templates to suit most couples. Please note that completed templates will not be valid unless each party has received independent legal advice. Legli can help you find suitable solicitors to discuss your proposed agreement and advise each of you accordingly.