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February 29th, 2024 |

5 Legal Preparations Before Saying “I Do”

By The McLario Firm

Reading Time: 2 minutes

Getting married is a big life event, as individuals spiritually and legally bind themselves to someone dear to them. Here’s a brief guide to the preparations individuals should consider before walking down the aisle.

1. Have Tough Conversations
This one might sound obvious, but it’s often overlooked! Few things in life can be as upsetting as a broken family and the financial damage that follows. That’s why it’s important to prioritize open and honest discussions about future goals, family plans, and personal values before jumping into matrimony. These conversations can help create shared goals and empower couples to proactively address legal, financial, and interpersonal matters so their union starts on a strong foundation.

Many people remarrying or bringing kids into a marriage may even find it helpful to talk with a Milwaukee family law attorney to get more clarity on matters such as asset division, estate planning, and child custody arrangements.

2. Have Written Agreements with Wedding Vendors
Having written agreements with vendors not only prevents misunderstandings during the big day but also simplifies the transaction process afterward. People often get contracts for:

  • Wedding planners,
  • Catering,
  • Limousine,
  • Venue rentals, and
  • Photography services.

These contracts outline important details like timelines, services rendered, and payment terms, guaranteeing accountability from both parties.

3. Explore Prenuptial Agreements
While discussing a prenuptial agreement may not seem particularly romantic, it can be a wise decision!

These agreements serve more purposes than just “planning for divorce.” They are legally binding contracts designed to address various financial matters in the event of divorce or death. For instance, it guards assets brought into the marriage and distinguishes between separate property and marital property acquired during the union. This distinction can be important, especially if one or both partners own businesses or have assets they wish to keep separate for the benefit of children from previous relationships. Moreover, a prenup can also shield a future spouse from being held liable for the other’s debts, offering an added layer of financial protection and peace of mind.

4. Navigate Name Change Procedures
In today’s world, spouses have the freedom to decide whether or not to change their last names upon marriage! Should either party opt for a name change, they will have to obtain a marriage certificate as proof of the name change and update identification documents, including Social Security, driver’s licenses, and passports. Remember to notify banks, credit cards, and other relevant institutions of the name change, too.

5. Create or Update Estate Plans
It’s a common misconception that marriage automatically grants spouses full access to medical decision-making in the event of incapacitation. This assumption is far from accurate! To make sure that new spouses have the authority to act on one another’s behalf, they will need to have updated power of attorney documents.

Additionally, Wisconsin is a marital property state, which means all property is presumed to be jointly owned unless stated otherwise. If one of the parties wishes to deviate from the default property distribution, it’s necessary to create new wills and trusts that reflect the desired allocation of assets.

Planning for marriage obviously involves more than just planning a wedding! Addressing these legal considerations early on can provide peace of mind and set the stage for a successful future together, filled with faith, love, and blessings. If you have questions or need assistance with legal matters related to marriage, consulting with a qualified family law attorney can offer valuable guidance and support on your big decision.

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