15 Legal Mistakes We Make In Marriage

Mistakes are a common part of our day. We try to limit them and the goal is to make as few as possible. Mistakes made during your marriage, especially with legal impact, are also ones you should try to avoid. Other than knowingly breaking the law, there are some areas of the legal field you need to be careful around as well as be prepared for.

Marriage is a legal agreement and while it may feel very emotional, the courts will not care about your hurt feelings when it comes time to divide assets. You have to be prepared for everything before entering a legal partnership with someone because you are giving them legal power over you as well.

15 Common Legal Mistakes Made In Marriage

Before, after and during your marriage, there are several decisions you may or may not make that can have major legal impacts in the future. That’s why the best practice is to work with a family law attorney before the wedding. This gives you the insight to avoid mistakes like:

1. Not getting a prenup: The most common mistake made is not getting a prenup. These agreements make it clear who owns what and what financially expectations and responsibilities are in place. Every marriage should include an agreement for a number of reasons.
2. Not updating your prenup: Hopefully, your marriage is going great. Even if that’s the case, you should still get your nuptial agreements updated every five to ten years. This accounts for changes in financial situations, if you have children, own new property and assets and more.
3. Not disclosing assets and debt: It is your responsibility to disclose your assets and debt to your partner, especially in cases of prenuptial agreements. If your partner has major debt before the marriage, you want to make it clear in writing that you are not responsible for that debt when you are married.
4. Not knowing state laws: Arizona has laws that are different from other states and that includes the oversight of the prenuptial agreements. If you were married elsewhere but now reside in Arizona, you should get your postnuptial agreement done by an attorney licensed in the state.
5. Mixing separate and marital property and assets: Did you inherit $100,000 from a family member and put it into your joint bank account? Your partner has a legal right to that money if they use it.
6. Not getting a will: Every married couple needs to include a will in their estate planning, especially if they plan on someone other than their partner inheriting their assets or wealth.
7. Not getting your name on joint assets: If your partner is buying property, your name needs to be on it. Let your lawyer tell you whether the reasons you were given are good or not.
8. Overlooking social security benefits: There are several social security benefits that are overlooked in marriage including building a dual retirement strategy.
9. Not finalizing custody agreements: In case of a divorce, who takes on the responsibility of caring for the children? Who provides what for the family and what role does everyone now take on? It’s not a fun conversation, but it needs to take place during the good times, rather than trying to figure them out during times of anger.
10. Not naming legal guardians: Who will take care of your children if something happens? It’s a scary thought but it also needs to be considered because you want to know who may have guardianship rights over your children.
11. Relying on verbal agreements: Never rely on verbal agreements that have to do with your money or legal decisions. Yes, you can make the agreement verbally, but it is not done until it is in writing and signed by both sides.
12. Expecting ownership or payment prior to divorce: You will probably not acquire any ownership rights to property or assets or receive spousal maintenance or child support until you have filed for divorce unless your attorney says otherwise.
13. Missed tax benefits: Married couples are eligible for several tax benefits in the state of Arizona and those benefits should be reviewed by your accountant and attorney.
14. Not addressing child support or spousal maintenance: Are you capable of taking on all financial responsibility on your own? Especially if you have children, that responsibility has to be established in writing.
15. Not establishing legal status of step children: If you have a child from a previous partner you need to make sure that their care is covered as well as their status from a legal standpoint. Should they have your new partner listed as a parent? If so, do not wait around on that.

We all have different legal responsibilities and challenges we are not even aware of based on our efforts to earn money, own property, invest, get married and more. These responsibilities are covered by experts like accountants and attorneys, people who are licensed and experienced in these areas and know what you need to protect yourself now and in the future.

Talk To A Family Law Attorney Before, During & After Marriage

A Maricopa family law attorney is going to help you prepare legally for marriage from beginning to end. Their focus is on making sure your best interests are covered and that you are prepared for a legal separation or abandonment from your partner. If that happens you will know what to expect and will also be prepared for how to move forward.