If 2026 marks the year you are getting married or entering a civil partnership, you have likely booked the wedding venue, are finalising the guest list, and have decided on those crucial wedding outfits. However, among finalising all the exciting details for the big day, there are some important legal matters that all couples about to get married should consider before or soon after the wedding.
At Bookers & Bolton, our law firm helps individuals and couples through all walks of life. From helping couples buy property together and put in place proper estate planning and asset protection measures, to advising business owners on protecting their interests, our teams are here to help.
In this blog, we provide our recommendations for the top legal documents all couples should consider when getting married or entering a civil partnership. We also answer some frequently asked questions about why they are important.
Planning for Your Future Together and Protecting Your Family If Things Go Wrong
Getting married or entering a civil partnership is the ultimate sign of commitment, and with it, you and your new spouse will have various rights and protections that are different from those of unmarried couples. However, it is important to remember that marriage and civil partnership are legal commitments that can affect everything from property ownership and financial responsibility to debt liability and inheritance rights.
Although setting up a series of legal documents may not be on your priority list, sorting these out now can provide clarity, security, and save you and your partner from added stress and expense in the future.
Whether you are getting married this year or in the future, here are the main legal documents Bookers & Bolton advise all couples to consider:
1. Prenuptial / Postnuptial Agreements
A prenuptial or postnuptial agreement (sometimes known as a prenup or postnup) is a form of legal agreement that aims to set out who will get what in the event of a divorce or civil partnership dissolution. Whilst you may not want to consider that your relationship or marriage will end, many marriages in the UK end in divorce or separation. Therefore, taking steps to put precautionary arrangements in place is essential. There are various reasons couples choose to set up marital agreements, which can cover a broad range of matters, including, but not limited to:
- Protecting children’s inheritance or specific assets
- Protecting you from your partner’s debt
- Protecting inherited money, assets, or savings
- Protecting your businesses
- How you prefer assets to be split in the event of divorce
In England and Wales, prenups or postnups are not automatically legally binding. However, family courts will often consider properly prepared agreements, provided they meet certain requirements and are professionally drafted with the right legal advice.
These might not seem like the most romantic documents to discuss in the run-up to your wedding, but couples who choose to protect their legal rights can lessen future costly disputes by implementing appropriate legal documents. At Bookers & Bolton, our family law solicitors can provide specialist guidance on entering these agreements. We will ensure that your prenuptial or postnuptial agreement accommodates your best interests and that both parties fully understand all the terms and consequences of the agreement before you enter it.
2. A Correctly Drafted, Up-to-Date Will
If you have already set up a Will, it is vital to remember that once you get married, this is automatically revoked (leaving it invalid) unless it was specifically made “in contemplation of marriage” to a named person.
This means that if you already have a Will and do not update it after getting married or include a specific clause to say it should not be revoked after marrying a named person, it is like you have no Will at all. In effect, if you were to die before your Will is updated or before creating a new one, your estate would be distributed according to the rules of intestacy rather than any specific wishes you may have. Without an updated version of your Will following a marriage, some family members or intended beneficiaries may not be looked after in the way you would have wanted.
However, if you have or your partner has not already done so, drafting Wills with the help of a regulated legal professional is an important step that allows you to review your estate together and ensure that the documents reflect your joint wishes. Please read our previous blog, ‘Five Reasons Why You Should Use a Solicitor to Write Your Will’ for more useful information.
3. Lasting Powers of Attorney – Marriage Doesn’t Provide Automatic Authority
Most people assume that once married, a spouse will automatically be able to access bank accounts, manage financial affairs, or make health and welfare decisions on the other’s behalf if they were to lose the ability to do so for themselves. Unfortunately, this is not the case and can cause significant stress and financial difficulties for loved ones if the correct documents have not been put in place.
Without the correct Lasting Power of Attorney (LPA), your spouse would need to apply to the Court of Protection to be appointed as your deputy if you lost mental capacity. This process is lengthy, stressful, and can be extremely expensive. Importantly, there is no guarantee that the individual appointed as your deputy would be who you would have chosen to make those decisions for you.
Along with a Will, a Lasting Power of Attorney (LPA) is a crucial legal document that everyone should have. There are two main types of LPA:
- Property and financial affairs. This gives an attorney the power to make decisions relating to property and finances, including paying bills, selling a home, and managing bank accounts.
- Health and welfare. This enables an attorney to make decisions about your medical care and routine.
Anyone over the age of 18 who has mental capacity can make an LPA in England and Wales. Even if you are young and in good health, it is advisable to make one.
Read our previous blog, ‘Four Reasons to Make a Power of Attorney’ for more related information.
4. Cohabitation Agreements – Protection Before You Get Married
If you and your partner are not yet married but are living together, consider creating a cohabitation agreement. Similar to a pre or postnuptial agreement, cohabitation agreements are legally binding and can clarify financial arrangements and define rights between couples where none would otherwise automatically arise. Although it feels unromantic, a cohabitation agreement can provide stability and outline how debt liability, property, and financial matters will be handled should the relationship end.
5. Keeping Your Documents Up-to-Date
Throughout your relationship, there will be times when it is sensible to review your legal documents and ensure they are relevant and up-to-date. Review your documents after any significant life event, such as having children or buying a new property, or if you have or your partner has significant changes to assets or wealth. You should also ensure that you seek specialist advice and update your arrangements if your relationship breaks down.
Local Family Law and Private Client Solicitors
At Bookers & Bolton, we understand that it can feel overwhelming and often negative to propose certain legal documents to your partner before moving in together or getting married. Even discussing setting up a Will or an LPA is often uncomfortable. However, doing so should be seen as sensible and precautionary, helping ensure that you, your partner, and your family are protected should the worst happen.
Our family law and private client teams work together to provide clear, sensible, and proactive legal advice and support for individuals and couples planning for their future.
We can help with prenuptial and postnuptial agreements, Wills, Lasting Powers of Attorney, and Cohabitation Agreements. We can also help with divorce and separation, or cohabitation disputes, if the relationship or marriage ends.
Get in Touch
If you would like further information or advice regarding our Lasting Power of Attorney services, please get in touch with us on 01420 82881, email us at enquiries@bookersandbolton.co.uk, or make an online enquiry.
This article is for general information only and is not legal advice. If you require advice tailored to your circumstances, please contact our solicitors directly.
