Getting Married? Get Prepared Legally.

Monday, September 24, 2007
Contributed by: Matthew J. Whitten

So you are finally ready to take the plunge and settle down. Amid all the stress of meeting future in-laws, planning the nuptials, and merging two homes into one, most engaged couples fail to take steps to prepare their new lifetime commitment for the legal issues that arise the moment they say "I do." When most engaged couples think about legalities and a wedding, they think prenuptial agreement. While we certainly encourage couples to consider such an agreement, the thought of a "prenup" is usually looked upon with scorn. But even if a prenup is out of the question, there are numerous other issues all newlyweds need to think about, especially given today's realities of step-families, two-income households, first marriages occurring later in life, and America's complicated insurance and healthcare industries.

Perhaps most importantly, a newlywed couple should consider getting wills and powers of attorney squared away, especially before taking that adventurous honeymoon to the South American jungle. Despite the low cost of preparing these simple documents, most young couples fail to prepare for the unthinkable contingency of illness, injury, or even death. Even if you are not wealthy, preparing even simple wills will eliminate numerous headaches for your surviving spouse during an already difficult time should something happen. Newlyweds should also consider having durable powers of attorney prepared for financial decisions in case of death or disability, medical powers of attorney prepared for decisions with regard to healthcare, and declarations of guardian should a permanent disability occur.

You should also make sure you have your insurance coverage squared away. Health and life insurance are especially important if one or both new spouses already have children. In many cases, one spouse will have better health insurance coverage available through his or her employer for the children or for the new spouse. If you had one beneficiary named on your life insurance, it may be time to consider changing beneficiaries. This is also true for beneficiaries of retirement accounts.

If one or both spouses are bringing children into the new marriage, it is important to remember that a step-parent usually has few, if any, legal rights with regard to his or her step-children. Usually, this absence of rights does not create legal issues because the child's other parent is involved and a custody sharing agreement is in place. However, often a situation arises where the non-custodial parent has no involvement with the child and the step-parent becomes the de facto mom or dad. Even if you do not adopt your stepchildren, it may be necessary to square away other things, such as making sure you as a step-parent can consent to medical treatment for the children should a medical provider not be able to contact the natural parents in an emergency.

*Matthew J. Whitten is an associate in the trial section of the Underwood Law Firm. He maintains a general civil defense practice with an emphasis on governmental representation and insurance defense. On September 22, 2007 he got married and, at the same moment, became blessed with a wonderful stepson.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.