Legal Aspects
Navigate the legal aspects of marriage, including name changes, prenuptial agreements, and marriage licenses.
The legal side of a wedding is easy to forget until it matters. A valid marriage depends on a license, the right paperwork, and a legal ceremony, and the rules differ from one place to the next.
The guides in this section explain name changes, prenuptial agreements, and marriage licenses in plain language. Check the requirements where you plan to marry well ahead of time, and speak to a qualified professional about anything that affects your finances or your family.
Do You Need to be Christened to Get Married in a Church?
What Makes A Marriage Valid
A wedding is a party, and a marriage is a legal event, and the two can happen on different days. In most places you need a license or equivalent paperwork, someone authorized to conduct the ceremony, and a record filed afterward. The details change by country, state and even county, so confirm them with the local office that issues the license, not with a friend who married somewhere else.
Questions Couples Ask
How far ahead should we apply for a license?
Start a few weeks ahead at the least. Some places make you wait a set number of days between applying and marrying, and most licenses expire after a fixed period, so applying too early can be as much of a problem as applying late. Ask the issuing office for both dates.
Who can officiate?
Rules vary. Many places allow clergy, judges and registered civil officiants, and some allow a friend to be authorized for a single day. Check that whoever you choose is recognized where you're marrying, and ask who is responsible for filing the paperwork.
Do we need witnesses?
Some places require one or two, and others none. If you need them, name them in advance and make sure they bring ID if the office asks for it.
In what order do we change a name after the wedding?
Order a few certified copies of the marriage certificate first. Many people then update their national ID or social security record, then their driver's license and passport, then banks, employers and insurers. Each agency lists its own requirements, so check them before you book time off.
Do we need a prenup?
That depends on your finances and on local law, and a lawyer can tell you more than a website can. If you do sign one, do it well before the wedding, with each of you advised separately and full disclosure of what you own and owe. Signing close to the day can make an agreement easier to challenge.
Religious And Civil Requirements Are Separate
A church or other faith may ask for its own paperwork on top of the legal license, such as proof of baptism or a pre-marriage course. Those rules come from the faith, not the state. If you're unsure, our answer on whether you need to be christened explains how a church typically handles it. Unfamiliar terms are defined in the wedding glossary.