What is marital status?
Although it's not glamorous and perhaps unromantic, marital status really is a practical matter. In fact, it's a legal status regulated by the law and government. For example, to be considered married, you have to give notice to get married, you must be married in an authorised location, you must be married by someone who is legally authorised to register marriages, and you will receive your official marriage certificate. For more information, read Getting married and Registering a civil partnership.
Marital status refers to a person's legally defined relationship state in relation to marriage or a civil partnership. It describes whether someone is single, married, divorced, widowed, or in a civil partnership, among other possibilities.
Marital status is important because it can affect a person’s rights, responsibilities, and legal standing in various contexts, such as taxation and inheritance.
What changes when you get married?
From a legal perspective, quite a bit changes when you get married and this may be more than most realise. Your marital status creates specific financial, tax, and other shared opportunities and obligations.
These changes include, but are not limited to:
Financial changes
Marriage ties you together financially. Any property you acquire during your marriage (known as ‘marital property’ or ‘matrimonial property’) will generally be considered to be owned jointly by both parties. This extends to various assets and liabilities, including:
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bank accounts and savings
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property
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pensions
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debts
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inherited assets (in some cases)
Similarly, any assets you owned individually before getting married may be considered jointly owned by the courts in the event of a divorce or separation. Assets like pensions, savings, investments, and properties may form part of financial arrangements.
If you are not yet married and would like to protect your assets in the event of a separation, you can consider entering into a Prenuptial agreement (prenup). While these are not legally binding in England and Wales, they may be considered (and upheld) by the courts in the event of a divorce. For more information, read How to make a prenuptial agreement.
If you are already married and would like to protect your assets in this way, you can consider entering into a Postnuptial agreement (postnup). Postnups operate much like prenups, however, they are entered into after a marriage has taken place. For more information, read Postnuptial agreements.
Inheritance changes
The Inheritance and Trustees' Powers Act 2014 makes special provisions for spouses in the event that one spouse dies without leaving a valid will (known as ‘dying intestate’). Normally, under the rules of intestacy, the surviving spouse will inherit all or most of the deceased’s estate (depending on the estate size and whether the deceased had any children). For more information, read Intestacy rules.
The surviving spouse will also be entitled to certain inheritance tax (IHT) exemptions. Specifically, no IHT is payable if the deceased left their entire estate to their surviving spouse. Further, throughout their lives, spouses can make gifts to each other without worrying about potential IHT charges.
Spouses can also share their nil rate band (ie the threshold under which no IHT is payable). This means that any of the nil rate band not used by a deceased spouse becomes available to the surviving spouse. In other words, whatever portion of the deceased’s nil rate band was not used after their death through gifts will become available to the surviving spouse, potentially doubling the surviving spouse’s nil rate band. For more information, read Inheritance tax.
Wills changes
Most Wills made before marriage are automatically invalidated by a marriage. If a spouse dies without having made a new will, they will be deemed to have died intestate. This means that their estate will be divided according to the rules of intestacy.
An exception to this rule exists in the form of a will made with the intention of getting married to a specific person (also known as a ‘will in contemplation of marriage’). Such a will becomes valid once the marriage takes place.
Another exemption applies to civil partnerships that are converted into marriages. This has been possible since 27 November 2014, and doing so will not revoke a will.
For more information, read Reasons to make a will and make sure to make your Will in contemplation of marriage. Consider using our Will drafting service if you require a bespoke will.
Parental responsibility changes
Parental responsibility refers to a defined collection of rights and obligations that you may have towards a child.
A birth mother always automatically has parental responsibility for their child.
A father married to the birth mother will also automatically have parental responsibility for the child. A second female partner will automatically have parental responsibility if she is married to the birth mother at the time of treatment (eg donor insemination or fertility treatment). For more information, read Parental responsibility.
Note that step parents do not automatically acquire parental responsibility for their step children. For more information, read Step parents’ rights.
The process is slightly different if a child is adopted or conceived via surrogacy. For more information, read Adoption and Surrogacy.
Next of kin changes
‘Next of kin’ is a traditional term, typically referring to a person’s closest relative. The order of closest relatives typically goes:
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spouse
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adult children
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parents
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siblings
While this term does not have a legal definition in the UK, it may be used in certain circumstances. For example, hospitals may use ‘next of kin’ in place of an ‘emergency contact’, if one does not exist.
While no specific rights are granted to your next of kin, they may need to be identified where you are unable to comment on a situation due to lack of capacity (eg because you have been in an accident). This is not to say that your next of kin will be able to make healthcare or financial decisions on your behalf. Instead, your next of kin will typically be kept informed of your process and treatment.
If you would like your spouse to be able to make healthcare or financial decisions on your behalf, you should consider making a lasting power of attorney (LPA) to grant them such powers. You can make your LPA using our Lasting power of attorney service. It is also a good idea to make a Living will to set out how you wish to be looked after if you lose mental capacity. For example, you may wish to refuse certain treatments including life-sustaining measures.
Income tax changes
Spouses can benefit from a marriage allowance, whereby the lower-earning spouse can transfer an income tax allowance (ie the marriage allowance) to their higher-earning spouse. The marriage allowance is £1,260 (as of April 2024).
In practice, this means that the lower-earning spouse can transfer part of their income tax personal allowance (ie the amount you can earn before paying income tax) to their spouse, lowering their overall income tax liability.
However, you can only benefit from the marriage allowance if:
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you are married or in a civil partnership
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the lower-earning spouse typically earns below their personal allowance (ie less than £12,570, as of April 2024), and
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the higher-earning spouse is a basic rate income taxpayer (ie their income is between £12,571 and £50,270 and they pay 20% income tax, as of April 2024)
For more information on the marriage allowance, including how to apply, see the government’s guidance on marriage allowance. For more information on income tax, read Income tax and Personal tax.
Benefit changes
Getting married may affect any means-tested benefits (eg universal credit, housing benefit, or council tax reductions) you receive. This is because your spouse’s income will be considered as part of your application/the overall assessment of your situation.
If you are claiming benefits and planning on getting married, you should speak to the office or service that pays your benefits as soon as possible to find out how your benefits may be affected. For more information on reporting changes to your circumstances, including if you get married, see the government’s guidance on benefits.
What are the pros and cons of marriage?
Marriage offers many advantages. It is a way of showing commitment and sharing your life with a loved one. Legally, it offers stronger financial protections and creates strong financial bonds, with spouses sharing not just their lives but also their assets and jointly owning purchases, including through strengthened inheritance rights.
Married couples are awarded a level of legal protection that unmarried couples (even those cohabiting for many years) are not. This is because the law does not recognise common law marriages, so only through marriage are assets truly seen as shared, which can be a major benefit.
On the other hand, marriage brings financial risks. Through marriage, you can inherit your spouse’s debt, and in the event of a split, treasured possessions or valuable assets may be divided. You lose a level of control over your own assets and, while prenups and postnups may offer some protection, they are often seen as unromantic.
You should also bear in mind that, even after divorce, a former spouse may be able to make claims against your assets unless a consent order is in place. For more information, read Divorce and financial arrangements.
Your marital status is more than just a reflection of your relationship—it carries significant legal weight. From financial and inheritance rights to tax benefits and parental responsibilities, being married comes with a wide range of implications. Understanding these changes can help you make informed decisions and protect your rights, whether you're planning for the future, managing your assets, or ensuring your loved ones are cared for.
If you have any questions or concerns about your rights, do not hesitate to Ask a lawyer.
