Before you say ‘I do’: Why legal clarity matters when entering into a marriage or civil partnership

Deciding to tie the knot is a joyful and exciting step – it marks the start of a new chapter in your relationship. However, alongside the emotional commitment comes a significant legal one.

In England and Wales, entering into a marriage or civil partnership changes your legal status and automatically creates certain rights and responsibilities. While it can seem unromantic, taking time to understand these changes ensures that you are both protected and fully informed before you take that next step.

The legal implications of a marriage or civil partnership

In England and Wales, marriage and civil partnership are treated almost identically from a legal perspective. Both create formal legal ties between you and your partner, affecting how assets, property, and income are managed during the relationship – and how they may be divided if things don’t work out in the future.

If a marriage or civil partnership ends, either person can make financial claims against the other. This could include:

• maintenance payments (financial support),
• property adjustments, or
• pension sharing.

Even assets you owned before the relationship – sometimes called non-matrimonial assets – can become part of what’s known as the “matrimonial pot” if they’ve been used for your family’s benefit. Debts and other financial responsibilities may also become shared, depending on how they were taken on.

Understanding these principles early on helps couples make clear, informed decisions about how to manage their finances and property together.

Pre-nuptial agreements: clarity before commitment

A pre-nuptial agreement allows you and your partner to agree in advance how your assets and finances would be handled if your marriage or civil partnership were ever to end.

Prenuptial agreements aren’t automatically legally binding in England and Wales – a judge still has the final say in how assets are divided. However, since the landmark Supreme Court case Radmacher v Granatino [2010], courts have been much more willing to uphold a prenuptial agreement if it meets certain conditions.

For a prenuptial agreement to carry weight, it must be:

1. Entered into freely by both individuals;
2. Signed with a full understanding of what it means; and
3. Fair to hold both individuals to it if the relationship later breaks down.

Courts will also look at whether both partners took independent legal advice and whether the agreement was finalised well before the wedding or registration date.

Far from being a sign of mistrust, a well-drafted pre-nuptial agreement can give both partners peace of mind and a sense of fairness, especially if there are business assets, inherited wealth, or children from previous relationships involved.

Cohabitation versus marriage: what’s the difference?

Many couples choose to live together without getting married or entering a civil partnership. However, it’s important to understand that cohabiting couples don’t have the same legal rights or protections as those who are married or in a civil partnership.

A common myth is that “common-law marriage” exists in England and Wales – but it doesn’t. No matter how long you’ve lived together, you don’t automatically gain rights to your partner’s property, pension, or financial support if the relationship ends.

If you’re living together without formalising your relationship, you may want to consider a cohabitation agreement or declaration of trust to set out your shared financial arrangements and protect each other’s interests.

Talking about the future

Before getting married or entering a civil partnership, it’s worth having open conversations about practical matters like:

• how you’ll own your home – and what happens if it was previously owned by one of you;
• whether certain assets should be kept separate;
• how you’ll share expenses and financial contributions; and
• what feels fair if you were to separate in the future.

These conversations can feel awkward at first, but they often strengthen relationships by building openness and trust. Getting professional legal advice can also make the process smoother and help prevent misunderstandings later on.

How we can help

At Cripps, our specialist family law solicitors can help you prepare for your future together with confidence. We can:

• explain how the law in England and Wales applies to your personal situation;
• draft or review a pre-nuptial agreement tailored to your needs; and
• provide expert advice on cohabitation rights or prepare a cohabitation agreement if marriage or civil partnership isn’t the right choice for you.

In short: understanding the legal side of love doesn’t take away from the romance – it helps protect it. With the right advice and a clear understanding of your rights, you can focus on what truly matters: building your future together.