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Legal Questions to Consider Before You Get Married

As you prepare for marriage, there are some questions to consider beyond just whether you are ready to make a lifelong commitment to your partner. Because marriage is a legal contract, there are certain legal issues you and your future spouse should decide together before moving forward.

Before your wedding

Before you officially get married, consider the following questions:

  • How will we manage our assets? With regard to finances, for example, some couples choose to keep separate bank accounts, while others merge their finances in joint accounts.
  • Should we draft a prenuptial agreement? If so, what are the specific issues we need to cover in the agreement?
  • Do we need to work with an attorney to draft a prenuptial agreement or handle any other legal issues before we get married?

Marriage requirements

There are other legal questions to consider regarding what is required out of each partner before the marriage can proceed. These include the following:

  • What are the legal requirements I face before getting married?
  • How do I go about getting a marriage license and certificate, and what are the requirements for application?
  • Am I required to get a blood test before signing my marriage license?
  • Who is legally allowed to perform our wedding ceremony?

Rights, benefits and responsibilities

Finally, you should consider the rights, benefits and responsibilities associated with your marriage and how you will handle them. Questions you might ask yourself include:

  • How will we share decision-making responsibilities about important issues related to our marriage?
  • Which spouse will be the primary insurance carrier? Will we need to go through the public health insurance marketplace?
  • How will we handle any government benefits either of us are bringing into the marriage?
  • How will we share responsibility for debts we each bring into the marriage?

These are just a few examples of the many questions you might consider before and during your marriage. For further guidance, contact an experienced family law attorney with Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP.