New Hampshire Civil Unions

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Link to the actual law regarding Civil Unions (click here)

Marriage v. Civil Union things to know (PDF File ) (click here)

 Link to New Hampshire MARRIAGE STATUTE ANNOTATED (click here)

Link to Local town clerks Information (click here)

Link to NH house bill 0437 (click here)

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Questions and answers:

What is a civil union?

A New Hampshire civil union is not a marriage. It is a legal status, parallel to civil marriage at the state law level, in which the parties to the civil union “shall have all the same benefits, protections and responsibilities under New Hampshire law as are granted to spouses in a marriage.”

While civil unions provide access to state-based legal rights, responsibilities and obligations of marriage, other states are not obliged to recognize New Hampshire civil unions. New Hampshire’s civil union law does not grant the 1138 federal rights associated with marriage. This includes favorable provisions regarding federal taxes, Social Security benefits, immigration, veterans’ benefits and more.

When will the law take affect?

The New Hampshire law becomes effective on January 1, 2008.

Licenses become available December 1st.

How to get the paper work:

Who can get a New Hampshire civil union?

As of January 1, 2008, a person is eligible to enter into a New Hampshire civil union if that person:

1. Is not a party to another civil union or a marriage;

2. Is of the same sex as the other party to the civil union;

3. Is at least 18 years of age;

4. Is not closely related by blood to the other party to the civil union (matching essentially the same restrictions applicable to marriage).

Do we need a New Hampshire civil union if our relationship is already recognized elsewhere?

No. A civil union or a marriage legally contracted outside of New Hampshire shall be recognized as a civil union in this state, provided that the relationship does not violate the prohibitions of this chapter.

Can we get married in Canada, and have that marriage recognized in New Hampshire after January 1, 2008?

Yes.  The marriage will be recognized as a civil union under New Hampshire law.

How do we apply for a civil union?

In order to obtain a New Hampshire civil union license, both parties must appear in person and complete an application worksheet with the clerk of any city or town in New Hampshire.

You must bring a photo i.d., proof of age, a copy of the final divorce decree, if either or both parties are divorced and a copy of the death record of a spouse, if either or both parties are widowed.

A marriage / (civil union) license in New Hampshire is “issued for a marriage (civil union) ceremony to be performed in any city or town in the state of New Hampshire.”

The clerk is then required to complete a worksheet of “statistical and legal information” on both

of the parties. When all of the forms are completed, the city or town clerk prepares the civil union license, which is valid for not more than 90 days from the date of filing.

Licenses will be available starting December 1st.

Who can perform a civil union?

Justices of the peace, a New Hampshire ordained minister or clergy in good standing. Thats where I come in  :)

What protections do we gain from a New Hampshire civil union?

A New Hampshire civil union gives you automatic inclusion within and under hundreds of New Hampshire state laws that apply to couples that are married. To view a complete list go to www.NHFTM.ORG

This is what the new law says:

457-A:6 Rights, Obligations and Responsibilities.

Notwithstanding any other law to the contrary, the parties who enter into a civil union pursuant to this chapter shall be entitled to all the rights and subject to all the obligations and responsibilities provided for in state law, that apply to parties who are joined together pursuant to RSA 457 [in a marriage].

These are some of the areas of the law that are affected by the civil union law:

• family law;  title, tenure, descent and distribution, intestate succession, wills, survivorships, or other incidents of the acquisition, ownership or transfer (during life or at death) of real or personal property;
• state and municipal taxation; probate courts and procedure;
• financial disclosure and conflict-of-interest rules;
• emergency and non-emergency medical care and treatment, hospital visitation and notification, and authority to act in matters affecting family members;
• state public assistance benefits;
• crime victims’ rights;
• Marital privileges in court proceedings.

Employer based health insurance:

• If you are employed by the federal government, the Defense of Marriage Act (DOMA) means that you will not get spousal or family benefits.
• NH state employees will get spousal and or family benefits, however the value of these benefits will be deemed income and you will pay income tax on that income.
• Most private sector employees are governed by the federal Employee Retirement Income Security Act (ERISA).  There are two types of coverage under ERISA: insured plans and self-insured plans. Insured plans can be regulated by state law and must offer spousal and family benefits to those covered under NH civil union law if they offer those benefits to heterosexual married couples. Private employers who self-insure can chose weather or not to offer spousal and or family benefits to those covered by NH civil union law.

Divorce

To end a NH Civil Union couples will go through the same process as heterosexual couples. Requirements for dissolving a civil union are:

• Where both parties were domiciled in the state when the action was commenced; or
• Where the plaintiff was so domiciled and the defendant was personally served with process within the state; or
• Where the plaintiff was domiciled in the state for one year next preceding the time the action was commenced.

Portability

• NH civil unions are NOT guaranteed recognition outside of New Hampshire