VALENTINE'S DAY ADVICE

 Love with your heart, think with your head, Valentine couples are advised

Thousands of couples getting engaged or deciding to set up home together on Valentine's Day could risk a lot more than a broken heart if they don't consider the legal implications should they break up.

14 February is one of the most popular days for couples to say 'I do'. But very few people think twice about how their new status will affect their legal rights.   It is important to get good quality legal advice so that both parties will be protected if things do go wrong.

Setting up home together

Moving in with your partner or buying a home together can seem like an exciting prospect.  But few couples realise how risky their situation can be from a legal point of view and how limited their rights can be.  The number of first-time buyers looking to put a foot on the property ladder more than doubled in the first two weeks of 2009. If you are buying a property together you should ensure that both your names are on the title deeds.  If not and the relationship breaks down, unmarried partners not on the deeds may have few legal rights.  You should also take advice about how best to recognise unequal contributions to deposits and mortgage payments. 

Renting

If you are renting property, both partners should be named on the rent book or rental agreement; if you are not named you could find yourself homeless if the relationship ends.

Prenuptial agreements

If you have assets it may be worth considering drawing up a pre-nuptial agreement.  This may determine the distribution of assets in the event of the relationship ending.  Solicitors who specialise in family law are best qualified to help you.

Planning the wedding

If you are planning an expensive wedding ceremony, consider insurance.  It may appear unromantic but it could save you thousands of pounds if things don't go to plan.

Ceremony

You can get married in all kinds of places nowadays but the law does not allow for civil marriages to be held in the open air, in a tent or marquee, or in any other movable structure, such as a boat, or train.  Neither can a civil marriage take place in any building which has past or present connection with any religion.

Children

Fathers who are named on their child's birth certificate have automatic parental responsibility.  This only applies to children born after December 2003.  This means that if you have children with your partner and are not married both you and your partner will have legal responsibilities towards those children. Conversely if you are not married and have children born before that date their father has no legal responsibility for them. Changing this so that he does is a simple matter if you both agree and our family lawyers will be able to assist you in completing the necessary paperwork.

Make a will

It is always important to make a will but vital if you have children or dependants or if you are not married to your partner. Without a will you may find that your loved ones do not inherit any assets you may have when you die.

Joint bank accounts

If you set up a joint account, be aware if you can both pay in money, you can both take it out! Consider making it necessary to have both signatures on cheques.

The ring

An engagement ring is an irrevocable gift, which cannot legally be claimed back unless at the outset it was given conditional upon the marriage taking place. So if the relationship goes wrong don't expect it back, unless your partner wants to return it.

Engagement presents

If the relationship breaks down try to agree what should happen to any engagement presents not required to be returned by the person who gave them. Above all, try to avoid becoming involved in an expensive court case to decide what should happen - unless the items really are so valuable as to justify the cost. If you cannot reach agreement consider mediation as an alternative to going to court. 

12 February 2009