4 Legal Essentials for Newly Engaged Couples

December – February marks engagement season, with rates of proposals spiking during this three-month window. If you have recently got engaged (congratulations) or are planning a proposal soon, here are four essential legal pointers to be aware of at this happy time.

Does my legal status change now that I am engaged?

No. You and your fiancé(e) will remain ‘single’ in the eyes of the law until you are married.

There is no such thing as common law marriage in England and Wales, and so it does not matter if you are living together or separately at this time.

Once you are married, your legal obligations towards each other will change. Marriage is a legal contract as well as a public declaration of love and commitment.

There are some (limited) additional protections available to engaged couples under the Married Women’s Property Act 1882 in relation to possession of property. You should take independent legal advice if you think this may apply to you.

Do I have any rights to our property?

As you are not yet married, rights to property are dealt with by property law and equity and trust law, rather than matrimonial law.

If you jointly own a home, your entitlement will remain detailed in the property title, which was filed at the Land Registry after you completed.

If your fiancé(e) owns the property in their sole name, you may have an interest in this property by way of trust. This depends on any financial contribution you have made towards the property, as well as any common intention you have between you as to how the property is to be dealt with. Buying a property in one party’s sole name whilst engaged may be considered a common intention, but this is case-specific. Formation of trusts should be considered on the individual facts, and you will need to take independent legal advice if you would like your position to be clarified.

If you rent your home, you should consider the terms of the tenancy agreement; these will not change by default now that you are engaged.

Do I need to make a Will?

It is sensible to make a Will in contemplation of marriage. If you do not have a Will in place, your fiancé(e) will not have an automatic right to your Estate if you pass away. This is particularly important if you have children or you have property that is only held in one of your names.

It is always sensible to take independent legal advice before preparing a Will.

Can I protect any assets in my own name before I get married?

Yes. You may want to consider entering into a pre-nuptial agreement.

Without a pre-nuptial agreement, you may not be able to ‘ringfence’ any assets you currently hold in your sole name if your marriage breaks down, as the default position is that all assets (including property, pensions and inheritance), even if acquired before your marriage, will be ‘in the pot’ for financial division. If this is important to you, you should consider a pre-nuptial agreement.

Any pre-nuptial agreement would need to be signed off at least 28 days before your marriage. You and your fiancé(e) will need to take independent legal advice and exchange financial disclosure before the agreement can be finalised. This process takes time, so it is best to plan ahead.