Getting married for tax purposes

tryingtomove_2

All in the title
Its got to the financial time in life that being married makes sense due to inheritance tax reasons. Wills were written over 20 years ago to protect each other and children.
It will be a quite and discrete as possible and cheap just for the legal bit, but how discrete can it be, don't want it broadcasted! Both wished we could go into solicitor's office and sign like making a will.
I hope I've not come across all unromantic but after nearly forty years together its just a money saving bit of paper. 
   

[Deleted User]

Hi,

not sure about the legalities, but could youse not just slip away for 2/3 days for a wee break and come back married?

Think you would need to arrange things with whatever district you were intending to visit.

macman

You don''t need to marry for IHT purposes, a civil partnership will give each spouse the same transfer exemptions as a marriage would.
Though you still need to attend a register office or a licensed venue, so in practice it makes little difference in terms of organising it.

TBagpuss

Quickest / quietest way is to go to a registry office and either marry or, if you prefer, enter a civil partnership.

You have to give notice in advance (equivalent of banns if you were married in church) - you both have to do this and it has to be done at least 29 days before the date of the wedding / partnership. You have to give notice in your local area (you have to have lived there for at least 7 days before giving notice . You need to be able to prove your ID to give notice, and that you are free to marry, so you have to produce the following original documents:

• details of the final venue for your ceremony

• a valid passport (or UK birth certificate if you were born before 1 January 1983)

• proof of your home address

• proof of any name changes (for example, a copy of a deed poll)

Acceptable Proofs of address are: 

valid UK or Irish driving licence

gas, water or electricity bill from the last 3 months

bank or building society statement from the last month

Council Tax bill from the last 12 months

mortgage statement from the last 12 months

current tenancy agreement

letter from your landlord (dated within the last 7 days) confirming you live there and including your landlord’s name, address and their signature


It's my understanding that you can give notice in the area where you live ut actualyl get married in a different area, if you want to, so couldgo away for a mini-break to do it

If either of you have been married before you need to bring proof you are free to marry, so your decree absolute or, if you are a widow/er, your late spouse's death certificate 

For the ceremony itself you just need yourselves and 2 witnesses - usually this would be friends or family members but they don't have to be - it's perfectly legal to just ask random strnagers off the street, but it is usually sensible to plan ahead to make sure you have the witnesses you need - even if you plan to ask an acquaintance or collegaue rather than involving family or close friends. (you could even give location details here and see whether any local money savers are free to pop along!) 

The content of the ceremony is very much up to you - there's no requirement to have any readings or anything of that kind.
If you marry you do have to make a declaration that you are free to marry, and then say the required words which I think is just the "I [name[ take [name] to be my lawfully wedded husband/wife" - you don't have to have anything more than that although you are free to add your own vows if you want to.

If it's a civil partnership you don't, the civil partnehsip is formed by signing the register / revlevant documents although I think you can be required to give a formal verbal declaration that you are free to enter the partnership - and again can add your own vows if you like. 

TBagpuss

Just to add, the notice of marriage / civil partnerhsip is public - it will be up on a notice board in the registry office . So if you have any friends or family members who reoutinely visit ./ work in the registry office you need to be aware of that. It's not however put online or otherwise publicised, as far as I know. 

Also, as registrars have to be alret for potential forced or false marraiges when you give notice there will be a short interview. How muc hyou are asked depends on the council but it might include speaking to each of you separately, asking things like the others date of irth / parents names / pcocupation etc so they can check you do actually know each other.

You aren't required to tell anyone (other than possibly HMRC and the benfits agentcy if relvant) but it would be wise to keep a copy of the marraige certificate with your wills. Be aware also that getting married means any previous will is revooked, so you need to make a new will (you can do this ahead of the ceremony provided that th iwills expressly state that they are made in contemplation of marriage / entering a vivil partnership) and of course you would also need to make sure that any pensions / insruanc policies are updated if necessary regarding who the benficiaryuy is and what their relationship to you is. 

Keep_pedalling

You should make new your new wills in advance of your manage to avoid any gaps occurring. 20 year old wills may well have obsolete clauses in them anyway so it is time you made reviewed the existing wills anyway.

sheramber

If you are in England the wills will be revoked on marriage , unless they state they are written in contemplation of marriage.

Take a holiday to Scotland and get married there.  Gretna Green is popular for that

https://www.citizensadvice.org.uk/scotland/family/living-together-marriage-and-civil-partnership-s/getting-married-s/

Residence requirements

There are no residence requirements for someone wishing to marry in Scotland, therefore citizens of any country can marry in any district they choose, provided there is no legal impediment to the marriage (that is, it must not break the law).

District registrars must be notified and sent the relevant forms and documents. The marriage notice, which must be completed by you and your partner, can be sent abroad and returned by post. You do not need to be resident in Scotland during the waiting period between the giving of notice and the date on which the marriage can take place. However, if you are having a religious or belief ceremony, either you or your partner must collect the marriage schedule in person before the ceremony. Addresses of district registrars can be obtained from any district registrar or the registrar general.

tryingtomove_2

Thank you all for your kind responses.
The Wills do have a bit put in that they would still be valid  if we were to marry😂. Will update them anyway after
 I forgot about the Civil partnership was  now available to heterosexual couples, would ideally take this  route. Yes I wouldn't want our names to be on display at the  local office, so looks like a bit further afield. 
    

Mojisola

tryingtomove_2 said:

The Wills do have a bit put in that they would still be valid if we were to marry😂.

That also works if you get married within a reasonable timeframe after making the wills so you will need to make new wills.

Sncjw

tryingtomove_2 said:

Thank you all for your kind responses.
The Wills do have a bit put in that they would still be valid  if we were to marry😂. Will update them anyway after
 I forgot about the Civil partnership was  now available to heterosexual couples, would ideally take this  route. Yes I wouldn't want our names to be on display at the  local office, so looks like a bit further afield. 
    

Why. I doubt anyone actually goes and looks. 

Why do you want to keep it hush hush. 

I had to give notice in January but the office was only open for appointments. Bizarrely they still out the notices up but don't let people just walk in. 

If you want to get married further afield you still need to do notice in local area if you live there. You would need to actually live in the new area for least 7 days and then wait 29 before actually getting married.

RAS

Not in Scotland. You both need to ensure your marriage notice form arrives with the Registrar 29 days before marriage, preferably 2-3month ahead.

If you are having a civil ceremony, one of you may need to visit prior to the day.

And you do need to book the registrar ahead!