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Protect your family

Make the right documents when taking the next steps in your relationship

Documents

Protect your family FAQs

  • How to protect your family

    If you decide to get married or move in with your partner, there are various legal formalities you'll need to be aware of, such as giving notice to the local registrar. You might also want to create documents that will protect each of your interests once you get married or cohabit.

    If you're moving in with someone without getting married, a Cohabitation agreement will set out all the financial arrangements to avoid problems if the relationship breaks down. If you're buying a property together in England or Wales, a Declaration of trust will record equity shares. Remember to inform everyone of your Change of address when you move in together to avoid mix-ups or potential identity fraud.

    If you're getting married or entering into a civil partnership, a Prenuptial agreement can ensure that the intentions of both yourself and your partner are recorded in the event that the relationship breaks down. A certificate of marriage or civil partnership is sufficient evidence of a name change if you want to adopt your spouse's surname, but if a different variation of name is needed, you can use a Statutory declaration of name change to do so. Finally, when entering into any new significant relationship, you may decide that you want to create or review your Last will and testament (or Last will and testament for Scotland) to reflect your new circumstances.

  • Getting married (or forming a civil partnership)

    There are some rules and formalities that everyone needs to be aware of when they decide to get married. Only individuals who are aged over 16 (in Scotland) or over 18 (in England and Wales) can get married and they must not already be married or in a civil partnership. Relatives are also unable to get married and any attempt to marry or form a civil partnership between relatives will automatically be void. Couples who wish to get married must notify their local registry office within 28 days which should include details of where they intend to get married or form a civil partnership. For more information, read Getting married and Getting married in Scotland.

  • Cohabitation agreement

    Increasing numbers of people are choosing to live together as a couple without getting married, or before they decide to get married. A Cohabitation agreement sets out the financial arrangements between yourself and your partner. This agreement protects all the assets acquired before moving in together and specifies how any assets and debt acquired during cohabitation will be shared in the event of a break-up or decision to live separately. A cohabitation agreement can also record whether expenses are to be paid equally or in agreed percentages. For further information, read Cohabitation.

  • Declaration of trust - shared equity

    This only applies in England and Wales. A Declaration of trust is a legal document that declares the beneficial interests which owners hold in a property. Where co-owners hold property as tenants in common, a declaration of trust can confirm the extent of the beneficial shares of each tenant in common (ie their share of the equity in the property) as well as recording any express terms that the co-owners may choose to include. For further information, read Declaration of trust and Co-ownership of property.

    Read Co-ownership of property in Scotland for information on Scotland.

  • Declaration of trust - beneficial interest

    This only applies in England and Wales. If other people (eg parents) are contributing to your house purchase it may be necessary to sign this type of Declaration of trust (beneficial interest). This document records their contribution to the property and their beneficial interest in the property. For further information, read Declaration of trust and Co-ownership of property.

    Read Co-ownership of property in Scotland for information on Scotland.

  • Change of address letter

    If you're moving into a new home, informing everyone of your new address can be rather burdensome. Nevertheless it's important that you do so, not only to avoid being inconvenienced or having letters going missing but also to prevent becoming a victim of identity fraud. Using a Change of address letter will allow you to easily inform your bank, credit card company or other official organisations of your new address.

  • Prenuptial agreement

    Just as a cohabitation agreement sets out the financial arrangements between yourself and your partner before you decide to move in together, a Prenuptial agreement (prenup) is made between two people before they get married to record these types of practical matters. A prenup sets out the property and money that belongs to each person before their marriage or civil partnership and confirms the intentions of how these assets are to be dealt with in the event of a relationship breakdown. For further information, read How to make a prenuptial agreement.

  • Statutory declaration of name change

    A certificate of marriage or civil partnership is sufficient evidence of a name change if you want to adopt your spouse's surname, but if a different variation of name is needed, you can use a statutory declaration of name change. Rocket Lawyer's Statutory declaration of name change will provide sufficient evidence to the passport office, banks and other official organisations that you have changed your name and that you now only want to be known by your new name. Remember to have the statutory declaration of name change sworn by a solicitor for it to be valid. For further information, read Changing your name.

  • Make a will

    When you get married or decide to cohabit, you may choose to create a will to secure the future interests of your loved ones. You'll need to choose your executors who will carry out the wishes contained in your will following your death. If you have children, you may want to appoint 'testamentary guardians' who will take on parental responsibility and become legal guardians if any of them are under 18 upon your death. Your Last will and testament (or Last will and testament for Scotland) covers appointing executors, guardians for your children, legacies and what will happen to the rest of your estate. It must be signed in the presence of two witnesses over the age of 18. For more information, read Making your will.

    Ask a lawyer for more information.

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