New Jersey Lawyers: Hanlon Niemann serving Monmouth County

New Jersey Adopts Civil Union Law

Assembly Bill A3787 was enacted into law on December 21, 2006 and became effective on February 19, 2007. This new law implements the mandate of the New Jersey Supreme Court that our Legislature guarantee equal protection under law to all persons, by affording the same rights and benefits to same-sex couples as are provided to heterosexual couples through the institution of marriage. The new law comprehensively surveys New Jersey statutes and makes appropriate amendments and supplements to put formally-recognized same-sex couples on an equal footing with married couples under law.

The Legislature uses the vehicle of a “civil union” to accomplish this Court-mandated goal. A civil union is defined as “the legally recognized union of two eligible individuals of the same sex,” and the “[p]arties to a civil union shall receive the same benefits and protections and be subject to the same responsibilities as spouses in a marriage.” The new law uses the phrases “civil union couple” and “partner in a civil union couple” to describe the new concepts. A civil union may be established by adults (minors require either parental consent or court approval) of the same sex not otherwise parties to a pre-existing civil union with a different civil union partner, domestic partnership with a different domestic partner or marriage. A civil union is formalized by obtaining a municipal license, the lapse of the statutory waiting period, and a solemnization ceremony conducted by an empowered individual (certain judges, certain public officials and ministers of every religion). The new law also amends the divorce laws to allow for the dissolution of a civil union by an action in the Superior Court.

Section 92 of the Bill is a “catch-all”, and is representative of the flavor and tone of the new legislation.

Whenever in any law, rule, regulations, judicial or administrative proceeding or otherwise, reference is made to “marriage”, “husband”, “wife”, “spouse”, “family”, “immediate family”, “dependent”, “next of kin”, “widow”, “widower”, “widowed” or another word which in a specific context denotes a marital or spousal relationship, the same shall include a civil union pursuant to the provisions of this act.

What does all this mean? Wherever and whenever documents, laws and regulations make reference to marriages, spouses, husbands and wives, etc., same are intended to include civil union couples and civil union partners. The following is a list of issues and considerations to guide you as you become more familiar with the impact of the new law.

The new law expressly provides that civil union partners are eligible “to hold real and personal property as tenants by the entirety”.
All laws pertaining to title descent and distributions, intestate succession and survivorship apply to civil unions.
All probate laws and procedures apply to civil unions.
All laws (state law based but not federal law) providing tax deductions based on marital status or exemptions based on marital status now extend to civil unions.
Changes in surnames as a result of the creation of a civil union can be accomplished without petitioning a court for permission.
Rights of joint possession to the principal residence of the civil union couple now exist and you must apply the same underwriting standards that we employ in the marital context of the new civil union framework.
A surviving civil union partner qualifies as a Class A beneficiary for purposes of the exemption from the New Jersey Inheritance Tax for inheritances from the estate of the deceased civil union partner.
No new domestic partnerships may be formed except by persons of the opposite sex who are 62 years of age or older. Pre-existing domestic partnerships may continue as domestic partnerships, but those statutorily recognized relationships have no impact on real property issues except for the narrow issue of a surviving domestic partner being deemed a Class A beneficiary for purposes of the New Jersey Inheritance Tax.
Civil union relationships from sister states may now be recognized as valid in New Jersey. Since this is likely an area of prospective change in the law across the country, no attempt will be made presently to catalogue which sister states have a status like the civil union. That can be assessed at the time of a future transaction where the question presents itself.

You will need to adjust your typical title requirements to reflect the application of the new law.

A full copy of the new law may be obtained online at: http://www.njleg.state.nj.us/2006/Bills/PL06/103.htm

If you have any questions about the contents of this article, please call Fredrick P. Niemann personally at 732-863-9900 or e-mail him at fniemann@hnlawfirm.com.

The information contained in the Hanlon Niemann, P.C. ("HN" or the "firm") website is provided for informational purposes only, and should not be construed as legal advice or an offer to perform services on any subject matter. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Recipients of contents from this site, clients or otherwise, should not act or refrain from acting on the basis of any content included in the site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. HN expressly disclaims all liability with respect to actions taken or not taken based on any or all of the information or other contents of this site. Any information sent to HN via Internet e-mail or through the HN website is not secure and is done so on a non-confidential basis. The transmission of the HN site in part or in whole, and/or communication with HN via Internet e-mail through this site does not constitute or create an attorney-client relationship between HN and any recipients. The firm does not endorse, and is not responsible for, any third-party content that may be accessed through this website. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any e-mail sent to HN, or any of its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential.

Copyright © 2007 Hanlon Niemann, P.C.. All rights reserved. All materials presented on this site are copyrighted and owned by Hanlon Niemann, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

NO REPRESENTATIONS

This material may contain technical or typographical errors. HN does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER HYPERLINKED WEBSITE. HN takes no responsibility and makes no warranty whatever for the content or information contained on sites linked to or from this site. All such links are provided on this website solely for the convenience of users and do not represent any endorsement, advertisement or sponsorship of linked sites or any products or services offered.


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		New Jersey Adopts Civil Union Law Assembly Bill A3787 was enacted into law on December 21, 2006 and became effective on February 19, 2007. This new law implements the mandate of the New Jersey Supreme Court that our Legislature guarantee equal protection under law to all persons, by affording the same rights and benefits to same-sex couples as are provided to heterosexual couples through the institution of marriage. The new law comprehensively surveys New Jersey statutes and makes appropriate amendments and supplements to put formally-recognized same-sex couples on an equal footing with married couples under law. The Legislature uses the vehicle of a “civil union” to accomplish this Court-mandated goal. A civil union is defined as “the legally recognized union of two eligible individuals of the same sex,” and the “[p]arties to a civil union shall receive the same benefits and protections and be subject to the same responsibilities as spouses in a marriage.” The new law uses the phrases “civil union couple” and “partner in a civil union couple” to describe the new concepts. A civil union may be established by adults (minors require either parental consent or court approval) of the same sex not otherwise parties to a pre-existing civil union with a different civil union partner, domestic partnership with a different domestic partner or marriage. A civil union is formalized by obtaining a municipal license, the lapse of the statutory waiting period, and a solemnization ceremony conducted by an empowered individual (certain judges, certain public officials and ministers of every religion). The new law also amends the divorce laws to allow for the dissolution of a civil union by an action in the Superior Court. Section 92 of the Bill is a “catch-all”, and is representative of the flavor and tone of the new legislation. Whenever in any law, rule, regulations, judicial or administrative proceeding or otherwise, reference is made to “marriage”, “husband”, “wife”, “spouse”, “family”, “immediate family”, “dependent”, “next of kin”, “widow”, “widower”, “widowed” or another word which in a specific context denotes a marital or spousal relationship, the same shall include a civil union pursuant to the provisions of this act. What does all this mean? Wherever and whenever documents, laws and regulations make reference to marriages, spouses, husbands and wives, etc., same are intended to include civil union couples and civil union partners. The following is a list of issues and considerations to guide you as you become more familiar with the impact of the new law. The new law expressly provides that civil union partners are eligible “to hold real and personal property as tenants by the entirety”. All laws pertaining to title descent and distributions, intestate succession and survivorship apply to civil unions. All probate laws and procedures apply to civil unions. All laws (state law based but not federal law) providing tax deductions based on marital status or exemptions based on marital status now extend to civil unions. Changes in surnames as a result of the creation of a civil union can be accomplished without petitioning a court for permission. Rights of joint possession to the principal residence of the civil union couple now exist and you must apply the same underwriting standards that we employ in the marital context of the new civil union framework. A surviving civil union partner qualifies as a Class A beneficiary for purposes of the exemption from the New Jersey Inheritance Tax for inheritances from the estate of the deceased civil union partner. No new domestic partnerships may be formed except by persons of the opposite sex who are 62 years of age or older. Pre-existing domestic partnerships may continue as domestic partnerships, but those statutorily recognized relationships have no impact on real property issues except for the narrow issue of a surviving domestic partner being deemed a Class A beneficiary for purposes of the New Jersey Inheritance Tax. Civil union relationships from sister states may now be recognized as valid in New Jersey. Since this is likely an area of prospective change in the law across the country, no attempt will be made presently to catalogue which sister states have a status like the civil union. That can be assessed at the time of a future transaction where the question presents itself. You will need to adjust your typical title requirements to reflect the application of the new law. A full copy of the new law may be obtained online at: http://www.njleg.state.nj.us/2006/Bills/PL06/103.htm If you have any questions about the contents of this article, please call Fredrick P. Niemann personally at 732-863-9900 or e-mail him at fniemann@hnlawfirm.com. The information contained in the Hanlon Niemann, P.C. ("HN" or the "firm") website is provided for informational purposes only, and should not be construed as legal advice or an offer to perform services on any subject matter. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Recipients of contents from this site, clients or otherwise, should not act or refrain from acting on the basis of any content included in the site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. HN expressly disclaims all liability with respect to actions taken or not taken based on any or all of the information or other contents of this site. Any information sent to HN via Internet e-mail or through the HN website is not secure and is done so on a non-confidential basis. The transmission of the HN site in part or in whole, and/or communication with HN via Internet e-mail through this site does not constitute or create an attorney-client relationship between HN and any recipients. The firm does not endorse, and is not responsible for, any third-party content that may be accessed through this website. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any e-mail sent to HN, or any of its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential. Copyright © 2007 Hanlon Niemann, P.C.. All rights reserved. All materials presented on this site are copyrighted and owned by Hanlon Niemann, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited. NO REPRESENTATIONS This material may contain technical or typographical errors. HN does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER HYPERLINKED WEBSITE. HN takes no responsibility and makes no warranty whatever for the content or information contained on sites linked to or from this site. All such links are provided on this website solely for the convenience of users and do not represent any endorsement, advertisement or sponsorship of linked sites or any products or services offered.

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