Pre and Postpartnership Agreements

52  |  A Legal guide for Lesbian and Gay Couples
The Status of “Outdated” Civil Unions
In New England, the arrival of marriage means that states must deal
with their marriage-equivalent systems. Now that Connecticut offers full
legal marriage, the state has phased out civil unions, which are no longer
allowed. All existing civil unions have been “upgraded” automatically
to marriages—except for those already in the midst of a dissolution.
Previously registered civil union partners need not do anything to obtain
the upgraded status, but should consider themselves lawfully wedded.
A similar protocol has been worked out for New Hampshire: Domestic
partners were upgraded to married spouses as of January 1, 2011, unless
they had already married on their own or have initiated a dissolution
proceeding.
Vermont has taken a slightly different path. There, existing civil unions
remain as such, with all the rights and duties of marriage. Civil union
partners may voluntarily upgrade to marriage by formally marrying, but
otherwise they will remain civil union partners.
Pre- and Postpartnership Agreements
Just as with the rules of full legal marriage, the legal responsibilities
created by the new domestic partner law are not for everyone. Some
couples may want to enter into written agreements defining their
financial relationship, just as couples planning to marry do when they
make prenuptial contracts. These agreements allow couples to set out
their specific wishes about how they will share property and income, as
well as how they will divide assets and debts if the relationship ends.
Making a prepartnership agreement isn’t as simple as just sitting
down and writing out your agreements, though. There are special rules
that apply to prenuptial agreements, and the same rules apply to samesex couples who want to opt out of some or all of the marital laws. For
example, each party must disclose to the other party all assets owned
and debts owed. And although it’s not technically required, it’s strongly
recommended that each partner have a separate attorney during the
process of preparing a prepartnership agreement.