Wedding Legality: What's The Verdict?

So, you're planning your wedding – how exciting! But what does a wedding actually mean, legally? Well, a wedding is a legally binding contract. It's more than just a lovely dress, friends and family celebrating, a big cake, and a first dance – it's a commitment that ties a couple together in the eyes of the law. This means that their assets and liabilities are considered joint and gives them certain rights and responsibilities.

Marriage is a legally binding contract

A wedding is a ceremony where two people celebrate their love and commitment to each other, often surrounded by friends and family. However, marriage is more than just a celebration—it is a legally binding contract. This means that when a couple gets married, they enter into a legal agreement that confers certain rights and responsibilities on both parties.

In the United States, marriage is a legal union between two people who have obtained a marriage license from their state and participated in a ceremony. The specific requirements for obtaining a marriage license vary by state, but generally include presenting identification, paying a fee, and meeting any necessary waiting periods. Once the license is obtained, the couple must participate in a ceremony officiated by a qualified individual, such as a member of the clergy or a judge. After the ceremony, the officiant must file the marriage certificate with the relevant local authority, at which point the couple is legally married.

While the wedding ceremony is a joyful occasion, it is important to remember that marriage is a legally binding contract that ties a couple together financially. This means that their assets and liabilities are considered joint and will be divided in the event of a divorce. Marriage also impacts inheritance rights, with spouses typically inheriting the majority of their partner's estate unless otherwise specified in a will. Additionally, marriage provides various tax, estate planning, government, and employment benefits, such as the ability to transfer assets tax-free between spouses and obtain health insurance through a spouse's employer.

Marriage contracts can also take the form of prenuptial agreements, also known as pre-marriage or pre-nuptial contracts. These agreements are made before a couple gets legally married and outline how their assets will be divided if they divorce. Prenuptial agreements can help safeguard assets brought into a marriage and provide clarity in the event of a dissolution of the marriage. However, it is important to note that courts can set aside prenuptial agreements if they are deemed significantly unfair, underscoring the need for independent legal advice when creating such agreements.

Marriage requirements vary by state

Marriage is a legally binding contract, and in the US, the wedding requirements vary by state. Each state has its own requirements for a marriage license, and your county clerk can tell you what you need. Here are some general requirements that may be needed when applying for a marriage license:

• Driver's license or other forms of identification
• Social Security card or Social Security number
• Affidavit with proof of residence
• Passport or green card if not a US citizen
• Blood test (not all states require these)
• Divorce decree (if previously married)

Some states may also require a birth certificate or proof of age, especially if the applicant is a minor. In addition, some states mandate that both parties appear in person for the application and marriage ceremony.

After obtaining the necessary documents, you need to pay a license fee to your county clerk for the marriage license. Following the ceremony, the officiant must file the marriage certificate with the county recorder's office, who will then send you a certified copy.

It is important to note that marriage requirements vary from state to state, and you should check with your local marriage license office or county clerk for the most up-to-date information.

Common law marriage

Common-law marriage, also known as non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a marriage that occurs when two people who are legally capable of being married and who intend to be married, live together as a married couple and hold themselves out to the world as a married couple. Common-law marriage does not require a marriage license or participation in a marriage ceremony.

Not all jurisdictions permit common-law marriage, but they will typically respect the validity of such a marriage lawfully entered in another state or country. Common-law marriage is currently recognised in seven states and the District of Columbia in the US, and previously existed in ancient Greece and Rome, medieval Europe, and Scotland until 2006.

In the US, the requirements for common-law marriage vary by state, but generally include:

• Living together for a period of time (cohabitation)
• Holding themselves out to friends, family, and the community as "married"
• Both partners must have the legal right or "capacity" to marry, including being at least 18 years old and of sound mind, and not already married to other people
• Both partners must intend to be married

A common-law marriage that meets state requirements is just as valid and legally binding as a formalised marriage.

Marriage rights and benefits

Marriage is a legally binding contract and carries with it a host of rights and benefits. These rights and benefits vary from state to state, but generally include:

Tax Benefits

• Filing joint income tax returns with the IRS and state taxing authorities.
• Doubling of the standard deduction to $24,000.
• Availability of a $2000 child tax credit for parents and step-parents.
• Lower tax brackets resulting in lower taxes.
• The marital tax deduction (transferring assets to your spouse at any time without paying taxes on that asset).

Estate Planning Benefits

• Inheriting a share of your spouse's estate.
• Receiving an exemption from both estate taxes and gift taxes for all property given or left to your spouse.
• Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts.
• Obtaining priority if your spouse needs a conservator to make financial or medical decisions on their behalf.

Government Benefits

• Receiving Social Security, Medicare, and disability benefits for spouses.
• Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans.
• Receiving public assistance benefits.

Employment Benefits

• Obtaining health insurance through your spouse's employer.
• The right to take medical leave to care for a spouse who becomes ill.
• Obtaining insurance benefits through a spouse's employer.
• Taking family leave to care for your spouse during an illness.
• Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse.
• Taking bereavement leave if your spouse or one of your spouse's close relatives dies.

Decision-Making Benefits

• The right to make medical decisions if your spouse is incapacitated.
• Making burial or other final arrangements.

Financial Support

Equitable property division in a divorce.

Consumer Benefits

• Family rates for health, homeowners', auto, and other types of insurance.
• Receiving tuition discounts and permission to use school facilities.
• Other consumer discounts and incentives offered only to married couples or families.

Financial responsibilities of marriage

Marriage is a legally binding contract that ties couples together financially. Once married, a couple's assets and liabilities are considered joint. This has significant financial implications and responsibilities that should be understood before entering into the contract.

Disclosure

Full financial disclosure is important before marriage. Partners should disclose their assets, liabilities, and credit reports to each other. This includes any financial responsibilities to members of their immediate or extended family. Both parties should obtain their credit reports and credit scores from all three credit bureaus.

Prenuptial agreements

If one partner has considerably more assets or earning power, a prenuptial agreement may be considered. This can protect premarital assets and provide for children from previous marriages. It can also establish responsibility for debts acquired before marriage and prearrange spousal support in the event of a divorce.

Joint financial goals

Partners should discuss their financial goals and priorities and how these can be achieved. This includes discussions about income, expenses, savings, and investments.

Budgeting

It is important to create a household budget to help achieve financial goals. This should take into account income and expenses and allocate funds for savings, discretionary spending, and necessities.

Insurance

Insurance policies should be reviewed to understand coverage, deductibles, copays, and premiums. An insurance audit can help determine if there is enough or too much coverage.

Estate planning

Partners should ensure they have updated wills, beneficiaries, trusts, powers of attorney, and any other necessary documents. It is also important to know which accounts name you as a beneficiary, such as life insurance policies or retirement accounts.

Credit

Both partners should ensure they have a credit card in their name and that any shared assets (e.g. house, investments, car) are in both names. This helps to establish a credit history and protect credit scores in the event of a divorce.

Financial literacy

Both partners should be financially literate and aware of family finances. This includes understanding income, expenses, and financial goals. It is important to develop strong communication skills when discussing money, as it can be an emotional topic.

Financial decision-making

Financial decision-making should be a joint process, with both partners involved. This helps to ensure that both spouses are informed about financial decisions and their potential consequences.

Children

Consideration should be given to any children from previous relationships and the financial responsibilities towards them.

Taxes

Marriage has financial benefits when it comes to filing taxes. Married couples can file joint or separate tax returns, and there are tax benefits specific to married couples.

Debt

Any debt incurred by one partner before marriage remains their separate debt unless the other spouse is added as a co-signer. However, this debt can still affect joint expenses. It is important to be open about debt and create a plan for paying it off.

In summary, marriage has significant financial implications and responsibilities. Full financial disclosure, joint financial decision-making, and consideration of the above responsibilities can help ensure a strong financial foundation for the marriage.

Frequently asked questions