Without legal registration of the marriage in their chosen destination, couples need to hold a legally recognised civil ceremony in the UK to avoid the risk of legal complications and financial ruin in the event of the death of a spouse.

The risk of a legally invalid wedding and associated legal complications extends to British couples seeking unique or wacky weddings in exotic and far flung locations.

Unless the ceremonies are thoroughly researched and conducted in an official manner it can leave couples unwittingly living together as cohabitees, with far fewer legal rights.

Marriages outside of the UK can be different to marriages here. If the ceremony does not create a legal marriage in that country, this can leave the couple without the same rights as a married couple on their return to the UK.

Couples are recommended to thoroughly research their plans and ensure they are watertight – that the ceremony is legally registered in their chosen destination, or that they have a civil ceremony in a register office in this country too. This will save a lot of stress and potential financial ruin in the event of death or a divorce.

For further advice on this, or any other related matter, please contact our friendly Matrimonial team.

Article written by Solicitor & head of Family & Matrimonial team, Kate Booth

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More people planning their second, third or fourth marriage are entering into pre-nuptial agreements with their future spouse.

Older people who have previously had a bad experience and are looking to re-marry are among those most commonly seeking a pre-nup.

These factors are leading to a rise in pre-nuptial agreement enquiries for our Family and Matrimonial team.

Kate Booth, Head of our Family and Matrimonial department says:

“Over recent years the importance of pre-nups has grown. Historically they were not binding, but now they will hold sway in court when it can be shown that the agreement is fair to both parties. Both need to have had ample opportunity to seek independent legal advice, the agreement needs to be signed by both parties well in advance of the marriage and both parties must have given full disclosure about their personal finances before the marriage took place.

With all these things together the court will recognise that the pre-nuptial agreement was entered into together and in that case, it can be binding.

Where it can get complicated is when circumstances change – for example if children come along. In cases such as these it is all about reviewing and updating any initial agreement, so it remains relevant to the present-day family situation.

More than just factoring in financial situations a pre-nup offers the opportunity to look at the whole picture, taking all assets into account, ranging from family businesses to pets.

There may be someone with his or her own business or they may have a part of their family business. In this instance pre-nups are a useful tool to avoid a former spouse from staking a claim.”

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For further advice on pre-nuptial arrangements, or any other Family or Matrimonial related matters, please contact our friendly team who will be happy to assist.

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There are many reasons why our clients wish to do this:

1. Marriage
   1. When two people get married/cohabit and already own a property, they may wish for the property to be held in joint names

1. Divorce and separation
   1. Following a divorce, the parties may wish to transfer a jointly owned property into the sole name of one party

1. Tax Planning
   1. Property owners are sometimes advised by tax planners to transfer a share in a family home into the name of their child or other family member
   2. This may be deemed in law as a gift

Whatever the reason, the process is extremely straightforward and something we would be happy to assist with.

Tax and Stamp Duty

Undertaking transfers of equity can have tax implications for you and those involved.

Some transfers will be considered a ‘gift’ or a ‘transaction at under value’. Depending on the value of a share in the property there may be stamp duty to pay, but some transfers of equity are exempt: for instance where a property is being transferred as a gift or result of a court order following divorce proceedings.

There may also be Capital Gains Tax implications on a transfer or disposition. We are not tax advisors, but may be able to help or at least refer you to an accountant for further advice.

Process:

1. Obtain title deeds
2. Prepare a transfer for parties to sign
3. Notify third parties who have an interest in the property, e.g. mortgage lenders
4. Assess whether stamp duty is payable
5. Complete stamp duty land tax form if applicable
6. Register transfer with land registry and pay applicable land registry fee.
7. Send a copy of the new title documents to client.

Please contact us on 02476 531532 if you wish for us to assist you with your transfer or any other conveyancing matter.

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