Legal Consequences Of Marriage And Civil Partnership In The United Kingdom

For the purposes of Capital Gains Tax , a married couple/civil partners can claim private residence relief for only one dwelling, even if they live apart.

Married/Civil partners can possess joint property without needing to agree a contract.

In case of accident or illness of one spouse, the other is considered as next of kin.

A husband, wife or civil partner may not be compelled by a criminal court to disclose private communications with their spouse.

When a married couple/civil partners separate, the courts have wide powers to divide their property and may set aside Prenuptial Agreement s.

Wills are revoked on marriage or formation of a civil partnership (unless made in contemplation of marriage/formation of a civil partnership) . Similarly, a divorced former spouse cannot benefit from a will made before divorce/dissolution.

No Inheritance Tax is payable on an Estate inherited by the surviving spouse in a marriage/civil partnership.

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.

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