Marriage Planning

Marriage & Prenuptial Planning

Despite being a personal and emotional commitment, marriage is also a legal relationship that changes the legal status of both parties. A family law attorney at our firm can help you to understand the legalities of marriage. It may be easier to fully appreciate the steps you are taking if you know your rights and obligations as a married person.

Marriage Legal Rights & Obligations

The rights and responsibilities associated with marriage have evolved in accordance with our society and are now equal for both spouses. While each state has its own regulations regarding marriage, there are common principles that apply, including the following:



• Who can marry whom? Marriage between brothers and sisters, parents and children, and aunts and uncles and nieces and nephews are prohibited in most states.
  
  
• Age Requirements: The minimum age requirement for marriage varies by state, but many states permit marriage at a younger age with parental consent.
  
  
• Residency: Prior to issuing a marriage license, most states require one or both parties to reside in the state for a specified period of time.
  
  
• Medical Exam and Licensing: Prior to issuing a marriage license, some states require a medical exam and blood test. The blood test screens for venereal diseases, rubella, sickle cell anemia, AIDS, and other diseases.
  
  
• Ceremony and Officials: Several states require a formal ceremony with witnesses and a licensed public or religious official.

There are several legal benefits to marriage. Some federal and state laws are only applicable to married people. Social Security benefits, inheritance rights, property rights, the right to sue for the death of a spouse or loss of consortium, and the right to make medical decisions for a spouse are also among the benefits that flow from marriage.

Common Law Marriage

Many couples may assume that by living together for a certain amount of time, they will automatically become common law married and receive the same legal rights, responsibilities, and protections as traditionally married couples. However, it's important to note that each state has its own rules and requirements for determining whether a common law marriage exists.  Some states, like Virginia, do not have common-law marriage. 

Prenuptial, Postnuptial and Partnership Planning

It doesn't seem romantic to have a prenuptial agreement; it's difficult to talk about—and emotionally charged. However, for many people who are considering marriage, it is essential. 

A prenuptial agreement is the epitome of practicality. Not only does it demonstrate consideration and responsibility towards both partners, it also avoids the potential messiness and emotional turmoil of divorce by clearly outlining the division of property and support obligations in the event of a separation and divorce. This document also takes into account important factors such as safeguarding inheritance funds, safeguarding separate assets from before the marriage, and most crucially, preserving one's financial independence in the event of divorce. After all, marriage is not only a heartfelt commitment but a legal one – it is best to proactively establish financial obligations beforehand.

Conclusion

Marriage is a significant event in one's life, as it carries both emotional and legal implications. It is crucial to understand the rights and responsibilities that come with being married, as this will help you fully appreciate the commitment you are making. Therefore, we recommend consulting a family law attorney from Shannon Otto Law before getting married or moving in with your partner. This will ensure that any potential future problems can be identified and addressed early on, allowing you to maintain a harmonious relationship.

Shannon Otto Law represents family law clients in the greater Richmond, Virginia metro area, and throughout Henrico County, Chesterfield County, Hanover County, Goochland County, Powhatan County, Colonial Heights, Amelia County, the City of Richmond, Louisa County, Prince George County, New Kent County, King and Queen County, King William County, Charles City County, and many other localities in Virginia.