Legal_consequences_of_marriage_in_the_United_Kingdom Legal_consequences_of_marriage_in_the_United_Kingdom

Legal consequences of marriage in the United Kingdom - Definition and Overview

This is a list of legal consequences of marriage in the United Kingdom, as of 2004.

  • When a married couple separate, the courts have wide powers to divide their property and may set aside pre-nuptial agreements. (When an unmarried couple separate, the courts have little power over property and may not in general set aside contracts between the partners.)
  • Wills (unless made in contemplation of marriage) are revoked on marriage. Similarly, a divorced former spouse cannot benefit from a will made before divorce.
  • No inheritance tax is payable on an estate inherited by the surviving spouse in a marriage. (Inheritance tax is payable on an estate left to an unmarried partner.)
  • The surviving spouse inherits part or all of the estate of a spouse who dies intestate. The exact rules for intestacy are different in the countries of the UK. In England and Wales, if there are children, the survivor inherits the first £125,000 plus personal possessions plus a life interest in half the remainder; if there are no children but the deceased has surviving parents or siblings, the surviving spouse inherits the first £200,000 plus personal possessions plus half the remainder; otherwise the survivor inherits the whole estate. (An unmarried partner inherits nothing if their partner dies intestate.)
  • The surviving spouse is paid a proportion of their deceased spouse's pension.
  • For the purposes of capital gains tax, a married couple can claim private residence relief for only one dwelling, even if they live apart. (An unmarried couple living apart can claim PRR for both dwellings.)
  • Married partners can possess joint property without needing to agree a contract (unmarried partners need to make a contract to possess joint property).
  • In case of accident or illness of one spouse, the other is considered as next of kin.
  • A spouse of a British citizen is entitled to a residence permit (the unmarried partner of a British citizen may not be, unless they can prove they lived together for two years).
  • A husband or wife may not be compelled by a criminal court to disclose private communications with their spouse.

Example Usage of consequences

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