NEW HAMPSHIRE CIVIL UNIONS

On January 1, 2008, the State of New Hampshire will recognize Civil Unions between same sex couples.  Although the actual statute,  RSA 457-A, is a brief two pages, and despite the legislature's efforts to minimize ambiguity when drafting the law, couples contemplating this life step may find themselves navigating some rather complex and heretofore uncharted legal channels when it comes to benefits, pensions, financial and estate planning.

WHAT IS A CIVIL UNION?

A civil union is a legal status which entitles the parties to the civil union  to all the rights and subjects them to all the obligations and responsibilities provided for in New Hampshire Law that apply for parties who are joined together in marriage.

DIFFERENCES BETWEEN CIVIL UNION AND MARRIAGE?

Civil unions are not marriage, and while civil unions provide state-based rights similar to those of marriage, there are rights under federal law that same sex couples in New Hampshire will not enjoy.  For example, federal benefits for a same sex spouse do not include access to social security, the ability to file a joint tax return or other benefits such as unlimited gifting to a spouse.

WHAT SHOULD PARTNERS CONSIDER BEFORE ENTERING INTO A NEW HAMPSHIRE CIVIL UNION?

A civil union is an important commitment and should be considered carefully.  Since a New Hampshire Civil Union is designed to confer all of the state law-based benefits, protections and responsibilities of a marriage, entering into that domestic status can affect many aspects of both your public and private life.  

Moreover, Civil Union is a rapidly evolving area of new law, many areas of which are unclear and confusing and where there is not a great deal of precedent to guide us on the application and implementation of the law.

Any information provided on the topic is tentative and circumstances may change rapidly.  It is important to make an informed choice based on your relationship with your partner and the unique circumstances of your life.  It would be to your advantage to consult with an attorney before entering into a civil union.

© Robert R. Howard, 2005.  All rights reserved.   Site development by Patricia Bevans.

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