Prenuptial Agreements Under UK Law

Dear Bride and Groom,

We often read about our ‘celebrity peers’ drafting pre-nuptial agreements before they get married. In fact a lot of wealthy people would probably draft up this agreement in the event they were marrying a ‘poorer’ partner to quash any ‘marrying for money’ rumours.

But what actually are the benefits of a pre-nup?

The first, and very important, thing to say is that a Pre-Nuptial (or pre-marital) Agreement is not enforceable under UK law. Surprised? The fact is that the American and media view of the pre-nup is not reflective of the fact. If your marriage does end in divorce there is no reason for the judge to rule to the terms laid out in your pre-nup. It is their job to do their best by everyone and as they see fit, so if they choose to disregard it completely, then they can.

Ok. So that is a big con. But what are the positives?

In short marriages, or those where there are no children then a pre-nup can be useful in settling assets. It outlines the original terms and conditions of marriage and may give the judge some insight to the characters of the couple he is dealing with. They are more likely to take this into consideration and only make minor recommendations and enforcements.

Where children are involved in a divorce it is very unlikely that a pre-nup will be considered. The needs of all parties have changed during their time together and the judge must act in the best interest of all.

Most solicitors in the UK would agree that they are not worth the paper they are written on and would generally advise against it as an unnecessary expense and hassle. Although 5% of British couples are thought to have one written they are more common amongst the wealthy or the celebrities.  The simple fact is they might not actually do you much good.

If you had been thinking about a pre-nuptial agreement and are now having second thoughts it would be worth speaking to your solicitor for their recommendation.

Kind regards,

Kim Rix

Your London Wedding Planner

“Freeing up your time”

Brides, are you keeping your maiden name?

Dear Bride,

Just when you think you’ve thought of everything, another question comes along! And this is quite a big one. Brides, are you keeping your maiden name or taking your married surname?

There is no legal obligation for the bride to take her husband’s surname upon marriage. It is a tradition that has been carried out for centuries and was for a long time seen as the norm. More women are making careful choices about whether they will take their husband’s name, whether to keep their own or even opting for the double-barreled surname. 

If you decide to take your husband’s surname then there are a number of things you will have to do in order to change your documents and formalize your identity.

The best advice I can give is to get several Marriage Certificates in order to send to all the parties who request them. Remembering this early will save you a lot of time and hassle. The Marriage Certificate legally entitles you to change your name and is all the evidence you need of this.

For most places you will be expected to send in a copy (or original) of your marriage certificate with an accompanying letter explaining your name change request. Some institutions may have a separate form for you to fill out – but this shouldn’t be too complicated.

I found this great list of places and people you should notify on Wedding Chaos at: http://www.weddingchaos.co.uk/changing-your-name.asp

·  Employer

·  Inland Revenue for tax and NI records (obtain your reference and tax office address from your employer)

·  Bank (mortgage and/or saving accounts)

·  Building Society (mortgage and/or saving accounts)

·  Credit card companies

·  Finance/loan companies

·  Local Authority (Council tax and register of electors)

·  Department of Work and Pensions (if you are entitled to any benefits)

·  Police (if you have any criminal actions against you or are on the Sex Offenders’ Registry)

·  HM Land Registry (if you own land or property)

·  Pension providers

·  Passport Office (apply for a name passport)

·  DVLA (apply for a new drivers license)

·  Motoring organisations (breakdown organisations)

·  Utility services (ie. Gas, electricity, water and sewerage providers)

·  Telephone provider

·  Internet provider

·  Mobile phone provider

·  Royal Mail

·  Insurance companies (buildings, life, motor, endowments, contents etc.)

·  Premium Bonds Office

·  Mail-order companies

·  Doctor

·  Dentist

·  Vets (if applicable)

·  TV license Office

·  School/college/university

·  Professional Institutes and bodies

·  Library

·  Clubs, societies and associations

·  Magazine subscriptions

·  If either or both of you have a will, this should be reviewed after you are married.

 

One very handy tip for you is that you can change your Passport in advance so that you can jet off on honeymoon with your new name! You can apply for the new passport up to 3 months before the wedding – but it won’t be valid until after the marriage. For more information on passports visit http://www.ips.gov.uk/cps/rde/xchg/ips_live/hs.xsl/index.htm

Kind regards,

Kim Rix

Your London Wedding Planner

 

About The UK Wedding License

Dear Bride and Groom,

The most important thing you need to remember for your wedding day (apart from turning up of course) is the wedding license (marriage license). Without this document your marriage cannot go ahead or be seen as legal in the eyes of the law.

Obtaining a wedding license is not difficult. Although it may seem like there is a lot to it, it is actually very simple and easy to do.

Depending on where you live in the UK the formalities of obtaining your wedding license are slightly different. So although I am going to give you a basic outline please check http://www.direct.gov.uk for up to date information and links to your area.

In order to obtain a wedding license you must first give notice of your intention to wed. In England you must give notice in the registry office of the district that you live in – and you must have been living there for at least 7 days. If you live in a different area to your partner then you will still give notice to the registry that is local to you, even if you are not getting married there. (In Scotland you give notice in the district where you will be married and you do not need to be a resident)

The minimum notice period is 15 days before your wedding and the notice itself is valid for one year from submission. To complete the notice you will be required to provide your name, age (bring a birth certificate if you can), address, nationality, occupation, current marital status and the venue for your marriage. It is advisable to take any supporting documentation that you can to prove you are who you say you are!

Registering a marriage in the Church of England or Wales operates slightly differently again so it is always best to speak to your local registrar or officiant, or conduct research online before making any assumptions!

Kind regards,

Kim Rix

Your London Wedding Planner

The Art of Negotiating Contracts

Dear Bride and Groom,

I know that some of you will have read the title and panicked already! I find that, generally speaking, a lot of people are afraid of negotiation. There is a fear that you won’t get what you want or you will be overpowered by the other party’s persuasiveness or slick style.

First of all…Everyone can negotiate! It’s all about knowing what you want, what you are willing to back down on and how to arm yourself for success! Think about it. You negotiate with your partner all the time. It might be about the destination of your holiday, the date of your wedding or which restaurant you want to go to that weekend.

Think about these simple things when you are negotiating a contract and you will be cool, confident and come out with what you want.

Prepare!

- Make a list of exactly what you want from the supplier or service provider. (As much detail as possible if you can!)

- Make a list of a few things that you would be happy to compromise on if it came to it. Eg. A change in delivery time, one less vegetarian option, eustoma instead of sweet peas.

- Set a limit to how much you are willing to spend.

- Shop around and get a few separate quotes and recommendations.

- Shortlist your favourite suppliers and arrange meetings.

Discuss

- Take your notes with you to the meeting.

- Take plenty of notes about what they tell you and discuss any comparisons with other companies / suppliers with them. They will work hard to secure your business – especially if it’s over a small price difference!

- Don’t be taken in by any incentives to ‘sign that day’. Make it clear to them that you are speaking to a number of people and that you will make a decision when you have spoken to everyone you wish to.

- Do not compromise on anything that is on your ‘must have’ list. If they can’t or won’t provide this, walk away. Or if they say they can but there is conditions attached, be clear that you would rather go with a company that can assure you of delivery.

- Listen. Remember they are the experts. They may be able to offer you insightful input to make things easier for you.

Sign

-  Contact your favourite supplier and have them draw up a quote or contract stipulating all of your preferences and the terms you have agreed upon.

And that’s it, you’ve negotiated your contracts without fuss or pain!

Kind regards,

Kim Rix

Your London Wedding Planner

Civil Ceremonies in England and Wales

Dear Bride and Groom,

Civil ceremonies are one of the most popular wedding ceremonies which can be held either in a registry office or an ‘approved place’  (usually a hotel or other selected venue) of your choice.

It is important to note that if you choose to by wed by a registrar that they are not permitted, by law, to include any religious aspects into the ceremony. If including any kind of religious aspect is important to you (even a prayer) then I would strongly advise you to look further into a religious ceremony at your chosen place of worship.

Civil ceremonies are often short and sweet. The whole thing from start to finish usually lasts no more than around 20 minutes. Of course this can be extended by adding elements to your ceremony to personalise the day. I would always recommend that you select one or two songs or pieces of music which have significance to you both to be played at certain points of the ceremony and I also think that a number of readings by friends or family is a lovely touch. I must mention again that these selections must not be religious and if you have any doubt you should speak to your registrar.

There are a number of legalities that you have to go through in order to ensure that the marriage can be carried out legally. The points that follow are specific to England and Wales. If you are getting married in Scotland or Northern Ireland then the process is slightly different so please be careful to check with the local authority.

In England and Wales it is necessary to give notice in advance about the civil marriage or partnership. You need to have lived in the area where you intend to give notice for a minimum of seven days to satisfy residency requirements. You and your partner must give notice, in person, to your local registry office (even if they are different). It is also advised that if you are getting married in a different area that you contact the local office there at the same time to make sure that someone will be available.

In order to give notice you need to provide some simple information;

  • Full name 
  • Age – the minimum legal age in England and Wales is 16 years of age
  • Address
  • Nationality
  • Current status – for example single, divorced
  • Occupation
  • Intended venue for your marriage or civil partnership

You may be required to prove your ID, status or nationality so double check you have a current passport, birth certificate and any documents relating to previous partnerships to hand.

The notice will then be publicly displayed for fifteen days after which authority is granted and the notice remains valid for a year, as long as the venue remains the same. 

If you are not getting married in the registry office then you will be required to pick up a Certificate of Authority to be given to the officiant conducting the ceremony in order for it to go ahead. Your registrar will contact you to arrange a time to pick this up.

The only other legal requirement is that during a civil ceremony or partnership a statutory ‘Declaratory’ and ‘Contracting’ statement must be read by the bride and groom to make the marriage lawful.

These statements are;

Declaratory Statement

I do solemnly declare that I know not of any lawful impediment why I, (your full name),

 may not be joined in matrimony to (your partner’s full name).

 

Contracting Statement

I call upon these persons here present to witness that I, (your full name),

 do take thee, (your partner’s full name),

to be my lawful wedded wife (or husband).

There are also more ‘modern’ versions that your registrar can advise you on when you meet.

For more information on the legality and process of civil or religious marriages please visit http://www.direct.gov.uk/en/Governmentcitizensandrights/Yourrightsandresponsibilities/DG_10026937

Kind regards,

Kim Rix

Your London Wedding Planner

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