Legal Eagle: Love is in the Air in Liaison-on-Sea!

February 6, 2017 by Melinda @ Giles Wilson Solicitors

If your loved one fails to realise that this month contains Valentine’s Day then I would send him or her straight to one of our eminent opticians in or around Leigh Broadway, Elm Road or Rectory Grove to get his or her eyes tested! How is it possible not to notice the wonderful displays in shop windows!

The array of Valentine’s day cards is enormous but here I am to warn against the offers and promises that you may be tempted to make within them! Far be it from me to sabotage that wonderful gesture that you have up your sleeve to surprise your loved one but sticking to flowers and chocolates is still the safest route. Sparkly things are lovely if they come in a bottle with a cork but sparkly promises of marriage should only be given with serious thought.

One of the issues with our marriage laws is that it is still very much entwined with our property and finances. This means that if you marry with nothing between you and separate years later having earned and acquired considerable assets, it will be the property and financial issues that add fuel to an already flaming fire of emotion. So, for those of us who chose to marry having already acquired property and assets there is no reason not to sensibly consider the eventuality if the romance fades over the passage of time to such a point where to continue in the marriage is untenable. I’m talking about a Pre-nuptial agreement. At least get the advice and think about it. A bit like getting buildings insurance for your house; who actually wants to consider their home burning down? None of us, and yet we insure against it. Pre-nups should be viewed in the same way; hopefully never needed…

Likewise with making Wills on marriage (although slightly different than the buildings insurance analogy….as in one day this will actually happen). Second marriages; assets that you really do want to pass on to your own children. This does not mean that it is not possible to share and enjoy everything with your new partner during your years together but perhaps you may not wish to additionally leave to them all that you have. Or there may be specific items that have always stayed in your line of family.

Marriage does not suit everyone… but co-habiting, buying property together carries risk also. However, not risk that cannot be avoided or at least reduced. Co-habitation agreements, Wills and Declarations of Trust defining ownership of property and rights.

Oh, and then there are the children borne of our romances…. Believe me that finding a babysitter on Valentine’s Day night may be the biggest problem that you face this month but children born in or out of marriage change everything when it comes to your Will, your pre-nup or your co-hab. Sorry folks ….

This article is by Melinda Giles at Giles Wilson Solicitors
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If you would like to put forward a question to Melinda, please comment below or email joanna@leigh-on-sea.com