Articles

Getting Hitched

Aaahh, spring is in the air. Flowers are in bloom, the trees are green, soft winds blow, and romance is in the air. Spring is the perfect time for a wedding.

So what’s on your to do list? Order the cake, hire the minister, reserve the chapel, set up the reception hall, get the caterers, line up the bridesmaids, hire a photographer, make reservations for the honeymoon, and see your lawyer.

See your lawyer? Not exactly romantic. But for many couples, a little bit of legal work might very well avoid misunderstandings and unnecessary problems in the future.

For example, couples contemplating marriage increasingly discuss and sign contracts – "prenuptial agreements". A prenuptial agreement can help a couple anticipate and openly resolve potential problems about property and financial obligations. Obviously, there is no guarantee those will be resolved. However, a prenuptial agreement often helps couples make adequate provisions for children from a prior marriage, establish and maintain the separate nature of personal assets, and even provide for the division of property in the event of separation or death. These agreements may be void if they are specifically written in contemplation of divorce, but will be enforced if they follow strict requirements established in court cases.

As a general rule, a prenuptial agreement is very important if one partner wants to preserve the separate nature of his or her assets. For example, when one partner enters a marriage with substantially greater assets than the other, both parties may initially agree to keep the property separate. However, after years of marriage, attitudes may change. If there is no prenuptial agreement, it will be much more difficult for the partner with greater assets to retain this property after divorce.

Prior to marriage, each individual’s property – whether real estate, stocks, bonds or bank accounts – is separate. After marriage, assets received by gift or inheritance will also start out as separate property. However, when separate property becomes mixed up, financed or maintained with community property, it may legally evolve into community property. It is important for anyone who wishes to maintain the separate nature of their property after a marriage to consult an attorney to prevent this property from unintentionally becoming community property.

During a marriage, the earnings of both the husband and wife are considered community property. Therefore, all assets acquired from the earnings of the husband or wife are ordinarily considered to be community property, including real estate, automobiles and household goods. In addition, the husband and wife are usually both personally liable for family expenses incurred by the other, even if they both did not agree to incur the obligation.

When a husband and wife acquire community property during their marriage, that property cannot be sold or given away without the consent of the other partner. For example, neither husband nor wife may convey or encumber real estate without both partners signing the conveyance. However, either partner can purchase something, with or without providing security for a loan, without the other partner’s consent. Neither marital partner can bequeath in a will more than one-half of the community’s assets.

Not everyone is legally qualified to get married. For one thing, although this may sound too obvious, both parties to a marriage must be single. If either party was previously married and that marriage was not legally dissolved, that person cannot get lawfully married to a new partner. In today’s mobile society, frequently one of the partners does not actually know for sure whether a divorce was properly entered in a prior marriage. Better to be safe than sorry – it is a good idea to obtain a certified copy of a divorce decree, actually signed by the judge, before going through with a new marriage. Just because your ex sent you an unsigned copy of a divorce decree does not guarantee that it was signed by the judge.

Both parties to an application for a marriage license must be 18 years old. If one of the parties is younger, consent from a parent or guardian is necessary. If either applicant is under 17, the Superior Court must also consent to the marriage. Applicants who are more closely related than second cousins cannot get married.

It takes 3 days from the date of application to obtain a marriage license, not including the day the application is filed. Both applicants must sign, and the license may be issued at the time of application. In that event, however, the marriage must be delayed three days after application. The marriage license is valid for 60 days; the marriage must occur within 60 days after the license is issued. The marriage must be solemnized by a licensed or ordained minister, priest or rabbi, a justice of the peace, a court commissioner, or a judge of the Superior Court, Court of Appeals or State Supreme Court. There must be two witnesses present at the wedding.

When the husband and wife sign a marriage certificate, they are signing a binding legal contract. The rights and obligations of each party to the marriage begin the instant the marriage license has been signed by the parties, the two witnesses, and the person who solemnizes the marriage. The State of Washington is considered to be a party to the marriage contract, which is why court approval is needed to end a marriage.

I hope this information is more helpful than intimidating. I wish you a happy and joyful wedding. But please – don’t call me on your honeymoon!

Bruce Clement’s firm, Clement Law Center, is located in Federal Way. Comments or questions for Mr. Clement to respond to in this column should be addressed to this newspaper.