Legal checklist for engaged couples

Congrats! You’re getting married. While thinking about legal paperwork right after your engagement might not be the most romantic thing in the world, it’s an essential step that engaged couples shouldn’t skip. Marriage is a legal commitment to each other that can significantly impact your financial responsibilities and legal rights. 

Below are some practical and legal considerations that soon-to-be-married couples should be aware of and include on their wedding checklist. We also suggest ways to approach all the legal documents in a less daunting manner.  

Top legal matters to discuss before your wedding day

Getting married shouldn't be taken lightly, and it can result in some unplanned and possibly unpleasant consequences if the marriage doesn’t last. Therefore, it’s important you and your better half set aside some time to understand the legal significance of it. Unmarried couples should discuss these topics as soon as they are formally engaged.

• Marriage vs. common law marriage 
• Prenuptial agreements
• Estate planning
• Marriage license and certificate
• Name change 
• Contracts with wedding vendors

Let’s discuss each in further detail. 

Marriage vs. common law marriage

The first decision unmarried couples need to make is whether they want to get legally married. An official marriage requires securing a marriage license, usually from a county clerk’s office. You’ll also need a religious or civil ceremony to get married. Someone with legal authority, like a judge, religious leader, clerk, or justice of the peace, must officiate this marriage ceremony.
Under common law marriages, couples consider themselves married without undergoing civil or religious ceremonies. However, a common law marriage doesn’t offer the same benefits as a legal marriage, and only some states recognize it. 

Prenuptial agreements 

A prenuptial agreement, commonly known as a prenup or premarital agreement, is a legally enforceable contract signed by to-be spouses before their wedding day. It’s a written document that lays the groundwork for each person’s legal rights and how financial assets and other marital responsibilities will be divided in the event of a death or divorce. 

Prenuptial agreements cover the following provisions: 

• Division of property and marital assets 
• Definition of separate and marital property 
• Spousal support obligations 
• Ownership rights to inheritance, wills, and trusts
• Each spouse’s parenting responsibilities 

Each state has its own laws regarding what can and can’t be included in a prenup. For example, a prenuptial agreement in California can’t include any clauses around child custody. The majority of states will consider a prenuptial agreement invalid if it:

• Is unreasonably unfair to one partner
• Was signed forcefully and under pressure
• Misrepresents one spouse’s financial obligations
• Includes illegal activities 
• Promotes divorce
• Stipulates child custody and child visitation clauses
• Only a verbal agreement 

Who should get a prenup? 

A prenup benefits engaged couples of all ages and from all walks of life. A prenuptial agreement is especially advantageous if unmarried couples face the following circumstances: 

• One partner has significantly more income 
• One partner has complex assets (bank account, property, stock, inheritance, etc.)
• One partner has more liabilities
• One partner has children from a prior relationships
• One partner owns a family business 

A family lawyer or LegalZoom attorney can help you determine if a prenuptial agreement is right for you and draft a legally enforceable document. 

Estate planning

Estate planning refers to the process of managing an individual’s finances in the event of death, divorce, or disability. It’s a way to take care of loved ones and settle affairs related to your possessions. An estate plan usually consists of four essential documents. 

You might be wondering, “Do I need an estate plan?” Yes, estate planning is for everyone 18 years of age or older because one can’t predict what will happen in life, such as a sudden medical condition or unexpected demise. 

While not everybody will have a large and extensive estate, each person has an estate. Your estate consists of everything you own: 

• House
• Car 
• Checking and savings bank accounts
• Retirement savings 
• Investments
• Life insurance
• Health insurance
• Real estate 
• Furniture
• Jewelry 
• Collectibles
• Art

Benefits of an estate plan

Like prenups, estate plans aren’t only for the well-to-do. A solid and well-thought-out estate plan will protect your valued possessions and help your loved ones handle difficult and emotionally challenging circumstances. 

An estate plan is beneficial in the following ways: 

• Gives you complete control over personal belongings and finances
• Reduces conflicts and stress between family members and friends 
• Protects any minor children 
• Provides surviving spouse and children clear direction on your wishes

Process of estate planning

The process of creating an estate plan generally includes the following steps. 

1. List assets and debts

Walk around your home and make a list of all your valuables. This list of assets should document physical and non-physical assets like bank accounts, retirement savings, IRAs, health insurance, car insurance, and annuities. 

While listing all the items, make a note if you’d like to pass on any to close friends or family members. 

Do the same for any debts against your name. This list should include anything that you owe, including student loans, auto loans, mortgages, and any credit card debt. 

2. Review retirement accounts and insurance policies 

Check your accounts and insurance policies to see if you have listed a beneficiary on any. 

If you have listed a beneficiary, then the funds from those accounts and policies will automatically be passed on to them upon your death. 

Want to update or add a beneficiary across your insurance policies? Your bank or plan administrator’s customer support team should be able to help. 

3. Choose a responsible estate executor

The estate administrator is the person who will legally represent you in the event of a divorce, death, or a serious medical condition. They have the legal authority to manage all of your estate’s affairs on your behalf. In general, the estate administrator will:

• Notify loved ones 
• Collect all your assets
• Distribute all assets to noted beneficiaries or heirs
• Pay off bills and loan amounts to creditors  
• Settle taxes 
• Run an estate sale

You can appoint a spouse, family member, friend, or lawyer to serve as the estate administrator. We advise that you give the estate authority to someone other than immediate family members. A close person would probably be under emotional stress and might not be in the best headspace to handle all your finances. 

4. Draft a will 

The last will and testament is one of the most essential legal documents in your estate plan. You can include instructions on:

1. Who will serve as executor
2. How assets will be distributed among parties
3. Care instructions for any children involved

Healthcare decisions and preferences on medical providers aren’t included in the last will. Those instructions go in a living will. Read more about the differences between a last will and a living will. 
If you are looking for a cost-friendly way to draft your will, LegalZoom can help. 

5. Update legal documents on a regular basis 

Make it a point to review your estate plans documents each new year or when you experience a major life-changing event, such as the birth of a child, receiving an inheritance, or divorce. 

Any changes to an existing estate plan or will should be made under the guidance of an attorney experienced in estate law. This will reduce the occurrence of legal disagreements and help you avoid a lengthy court battle. 

Do I need a lawyer for estate planning? 

This depends on your situation. Some scenarios where getting an experienced estate planning lawyer might prove beneficial are: 

• You have minor children as dependents: Ensuring the estate is passed on to minor children usually requires setting up a trust, which can be a complicated process. 
• You are at risk for a health condition: The estate attorney can advocate your healthcare preferences and also help you manage your estate.
• You reside in a state with estate and/or inheritance tax: Some taxes have estate taxes; an estate planning attorney or tax lawyer can help you navigate those state-specific laws. 

Can I write my own estate plan? 

Yes, you can create your own estate plan documentation. But, as we said earlier, it's best to get help from an experienced estate planning attorney. They can guide you in making an estate plan that protects you and maximizes your tax benefits. The estate planner will also ensure that people adhere to your plan in the event of a death or medical condition. 

Marriage license and certificate 

Unmarried couples must apply for a marriage license at the local county clerk's office at least one to two weeks before they can get legally married. There’s also a time limit on how long the marriage license is valid. So you can’t apply too early in advance, and you can’t do this the day before your wedding. 

Each state has slightly different requirements for obtaining a marriage license, but most require:

1. Proof of identification (passport or driver’s license)
2. Information about one’s parents and
3. A fee payment 

Keep in mind that some states even require a certain waiting period between getting the marriage license and the wedding date. For example, Texas has a mandatory waiting period of 72 hours. 

After your official wedding ceremony, ensure your marriage license is signed by the officiant and witnesses and submitted back to the county office for processing. 

If the process is followed correctly, you’ll receive certified copies of your marriage certificate via mail. 

Name change 

Do you need to change your name after marriage? Not necessarily, you can continue using your maiden name. But marriage (and divorce) are the most common reasons why most people warrant a name change. 

This process might appear straightforward, but it involves working with several government agencies, such as Social Security. It’s also easy to overlook the legal requirements of a name change. 

Steps to officially change your name after marriage 

You need a certified marriage certificate to change your name after your wedding. Once you have your marriage certificate, follow this process to legally change your name. 

1. Decide on a new name 

Do you want to adopt your husband’s last name or hyphenate your last name? Sure, that’s possible. Remember, you can only change your last or middle name after marriage, not your first name. (If you want to change your first name, then you have to file a petition with your local court, and you may have to appear in front of a judge.)

2. Update name on Social Security card

Complete the Application for a Social Security Card (Form SS-5) either by hand or online. Then, go to your local Social Security Administration (SSA) office with the required legal paperwork, such as unexpired identification and proof of a name change, to officially register the change. 

Accepted documentation that counts as proof includes: 

• A marriage license
• A marriage certificate
• A court order 

All documents must be original or certified copies of original documents with the appropriate stamp, seal, and sign. 

Once the name change is processed, you will receive a new Social Security card in approximately seven to 10 business days. 

3. Update name on other government identifications

Once you've received your new Social Security card, you can update your name on other government identification, like your driver’s license and passport. 

To learn how to update your driver's license, visit your local government website or contact your state’s Department of Motor Vehicles (DMV). Again, there might be a small fee, between $10-$20, to process this name change. 

The U.S. Department of State website provides valuable guidance on the legal requirements and procedures for getting a new passport. 

4. Inform others about your name change

Once you have your new driver’s license, passport, and Social Security card, inform all relevant parties about the name change. 

Below is a sample list of entities you should inform of your name change: 

• Banks and financial institutions
• Employer
• Insurance companies
• Utility companies 
• Education institutes 
• Healthcare providers
• Credit card companies 
• Estate planners
• Landlord 
• Post office 

Contracts with wedding vendors 

Just as businesses sign contracts to set expectations and limit their liabilities, you should look into signing vendor contracts for your wedding. This service contract will outline the vendors' responsibilities and also provide a framework to settle any disputes. 

Sign a contract with your wedding photographer, videographer, venue provider, DJ, caterer,  decorator, and whoever else will be involved in the planning and execution. 

FAQs on legal matters for engaged couples

Below are some common questions regarding the legal aspects of getting married.

What documents do I need to get legally married? 

You’ll need a marriage license, which you can get through your local county clerk’s or recorder’s office. Remember to apply for the license at least one to two weeks before your wedding date. 

What legal issues do I need to think about before my wedding? 

The following legal matters need your utmost attention: 

• Prenuptial agreement
• Estate plans
• Name change
• Contracts with wedding vendors 

Are there any legal considerations after the wedding? 

After the formal engagement, you will need to think about getting a marriage certificate, changing your name, and updating your insurance policies. You and your spouse might benefit from some joint policies. 

Protect your future and marriage with a legal document checklist

Most unmarried couples get into wedding planning mode as soon as they say "Yes” to a marriage proposal. However, it’s equally important to talk about legal matters. A checklist of legal documents will help both partners be on the same page and plan for a safe and secure financial future together. 

This legal checklist also encourages to-be spouses to have honest and open conversations about their priorities, finances, and legal responsibilities. This will minimize potential sources of stress in your relationship and allow you to create a shared vision for your future marriage. 

LegalZoom gives you access to a qualified attorney in your state for an affordable, flat fee. We have years of experience in preparing legal documents for engaged couples and can help you build a strong foundation for your new marriage.