money matters

Money isn’t the most romantic of subjects, but there are certain financial issues that it pays to think about when you get married – before you get all caught up in daydreams of Champagne fountains and layers of organza. The SWD asked legal guru Gillian Black for some tips.

What’s the best way to pay for wedding supplies?

Pay by credit card if possible: the credit card company has extra obligations if things go wrong. For example, if the supplier of goods is in breach of contract, you will have a claim against your credit card company as well as a claim against the supplier, and may be entitled to withhold payment. To qualify for this protection, the goods or services must be purchased on your credit card and must be priced between £100 and £30,000. You don’t get this protection if you pay with a debit card or by cash or cheque

Is it usual practice to pay a deposit?

It would be usual to pay a deposit to secure major wedding supplies such as a venue or a dress, often up to 50% of the total price – make sure you get a written receipt. If you are using professional help to organise your wedding, then you should be particularly careful about handing money over to the individual. It’s much better to pay the venue (or florist, photographer, dress-maker etc) directly, to ensure that the contract is between the couple and the supplier, than to hand over money to a middleman or woman.

Why should couples consider getting wedding insurance?

Insurance can often be a good idea: the more expensive the wedding, the more the bride and groom have to lose, financially, if something goes wrong. Before taking out a policy, make sure it covers all your expenses and that the company is reputable – there’s no point in having insurance if the company has a reputation for not paying out under claims. Also, brides should make sure they answer all questions on the application form honestly, as incorrect or misleading answers could invalidate the policy.

What happens if the couple change their mind and want to cancel the venue?

This can be tricky. The best advice is to be 100% sure before entering into a contract with the reception venue. Otherwise the bride and groom could lose their deposit or even have to pay the full price in the case of a last-minute cancellation with no-one else to hire the venue for that day. If you are in this situation, seek legal advice to find out what your rights and responsibilities are.

If a couple haven’t signed anything is it possible to just walk away from an agreement?

No! Scots law does not require contracts to be in writing, so it is perfectly possible to enter into a legally binding contract in person, or by email or phone.

So there’s no need for a written contract?

Technically, no, but having said that it is always better to get something in writing from any supplier, just to provide a written record of what has been agreed. A written note or an email with the date and the price and some details of the arrangement is invaluable. It doesn’t have to be a formal written contract – brides should simply ask the supplier to drop them an email with the details. It can be hard to imagine a dispute happening in the future, but it’s better to have it in writing just in case. If one of your suppliers does give you a contract to sign, then do take the time to read through it. And if there’s anything you’re not sure about, ask them to explain.

No one likes to think too far into the future, but should newly married couples make a will?

Having an up-to-date will is always a good idea. If your spouse dies without leaving a will, then the law of intestacy will provide for you, as surviving spouse, to inherit some of the estate. However, if your spouse has children, parents or siblings then they may also be entitled to some of your spouse’s property, even if this is not what your spouse intended to happen. It is important to remember that you will not automatically inherit everything.

What should you do if you find one of your wedding supplies is damaged?

If the bride discovers there is a problem with something on the day, the most important thing to do is relax and have another glass of bubbly! There’s really very little you can do at that stage and, nine times out of ten, the only person who’ll notice will be the bride anyway. But if problems arise before the day, then the law does offer protection. For example, any item that you buy for your wedding will be covered by the law relating to the sale of goods. So, if your dress is damaged, or your shoes are different shades, then you should have some protection. The law requires all goods supplied to be of satisfactory quality and fit for purpose. A stale cake or mismatched shoes will not meet this standard. However, there are exceptions: if the goods were “sold as seen” and reduced in price, then it is likely that the standard of satisfactory quality will be much lower.

If you are in any doubt as to your legal rights in relation to any aspect of your wedding day or your marriage, you are advised to seek independent legal advice. Details of solicitors can be found at www.lawscot.org.uk