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

ROBERT  HOWARD  LAW  OFFICE

168 Maple Street

Post Office Box 900

Henniker, New Hampshire 03242

Telephone (603) 428-3232                                                                                                                   Fax (603) 428-3034

                                                                                                                                                     

WHEN WILL NEW HAMPSHIRE CIVIL UNIONS BE AVAILABLE?

New Hampshire Civil Unions will be available on January 1, 2008.

WHO CAN GET A NEW HAMPSHIRE CIVIL UNION?

A person is eligible to enter into a New Hampshire Civil Union if they are:

• Unmarried and is not a party to another civil union
  

• Of the same sex as the other party to the civil  union
  

• At least 18 years of age
  

• Not closely related by blood to the other party to the civil union
  

DO PARTNERS NEED TO BE NEW HAMPSHIRE RESIDENTS?

The new law does not provide a direct answer.  There is no residency requirement for marriage in New Hampshire, inplying that there would also be no residency requirement for a civil union. However, complications arise from a 1979 New Hampshire law providing that non-residents may not marry in New Hampshire if such marriage would be void if contracted in their home state (RSA 457:44).  While that statute refers only to marriage, the new Civil Union Law says that "parties entering into a civil union shall be subject to the same requirements and conditions as contained in RSA Chapter 457", which includes the aforementioned restriction.

HOW DO PARTNERS GET A NEW HAMPSHIRE CIVIL UNION

The entire process mirrors the process for marriage in New Hampshire. That is the clear intent of the new Civil Union Law which expressly refers to and incorporates the New Hampshire Laws on marriage.  The New Hampshire marriage licensing process follows, on the assumption that civil union licensing forms and practices will be identical.

APPLICATION FOR A LICENSE

Both parties must appear in person and complete a civil union application worksheet with the clerk of any city or town in New Hampshire.  Members of the armed forces are excused from the personal appearance.  One party may initiate the application, but the license won't be issued until signatures have been obtained from both parties.  New Hampshire has no blood tests or other medical requirements to obtain a marriage or civil union license.  The fee for a civil union license is currently $45.00, payable to the clerk of the city or town.