To Marry .... Or Not To Marry .....

July 1, 2018 by Melinda @ Giles Wilson Solicitors

To Marry …. Or Not To Marry…..

July is a very popular month for weddings, especially in a pretty town like Leigh on sea where there are a number of stunning venues. But the decision to marry or not to marry has been much in the press this week as one heterosexual couple persuaded the highest court in the UK that they should have the right not to marry but to enter into a civil partnership instead. (see my colleague Richard Busby’s blog @GilesWilsonSolicitors).

Marriage is not often thought of as a legal issue but in fact there are many legal ramifications of marrying, or not.

Rebecca Steinfeld and Charles Keidan are the couple in this week’s court case and they feel very strongly (as do the 80,000 people who signed their petition) that they do not want to call  each other Husband and Wife but prefer to be Civil Partners. They view marriage as steeped in traditional gender roles.  And yet, many gay couples are currently converting their civil partnerships to marriage.

The point is that we should have the choice – to marry, or not to marry.

But do we all have that choice?

In October 2017 the daughter (EJ) of a man (DMM) took an application to prevent the marriage of her father to a woman (SD) on the basis that his Alzheimer’s disease meant he did not have the capacity to marry. The argument that she tested in court was whether the legal test for whether a person has capacity to marry includes that the person should be able to fully understand the financial consequences, including that marriage automatically revokes a will.

In this case the decision was that DMM did have the capacity to marry – the legal test is low – someone with Alzheimer’s may have the capacity to marry.  How many times have we wondered on the wisdom of a marriage? With or without Alzheimer’s?! Capacity to marry does not mean that it is a suitable or wise decision.

This case also confirms that only a basic understanding that a will is revoked on marriage is needed. 

And so we return to the point – To marry, or not to marry. If you marry (or enter into a civil partnership), your will is revoked.  You should always make a new will on marriage.

And what is a common law marriage?  Do we become married by living together for a period of time? A resounding NO!  There is no such thing as a common law marriage.  But by making a conscious decision not to marry do not think that you are avoiding an obligation in property or parenting terms to your partner – there are laws to protect us all in such scenarios.

So whichever choice you make to marry, or not to marry – make it consciously knowing the implications of the choice you have made!

This article is by Melinda Giles at Giles Wilson Solicitors.  
For legal advice please call 01702 477 106 or visit one of Giles Wilson's offices: 1711 London Road Leigh, 54 Leigh Broadway, 5 Roche Close Rochford  
Website: www.gileswilson.co.uk

Twitter: https://twitter.com/GilesWilsonLLP

Facebook: https://www.facebook.com/GilesWilsonSolicitors/