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What are some differences between a civil union and a legal marriage?
Wiki User
∙ 10y ago
The US Federal government does not recognize civil unions, but does recognize same-sex marriages.
The legal rights acquired by parties in a civil union vary from state to state but do not always mirror the rights acquired by a valid marriage.
A legal civil marriage bestows all the state benefits, responsibilities and obligations for every legally married couple regardless of their sex and there are hundreds of those automatic married legal rights. The most important differences between a legal marriage and a civil union concern property rights.
- Civil unions do not always permit the couple to own property as tenants by the entirety which is the form of property ownership with the most protection. Only legally married couples are allowed to own real property as tenants by the entirety in those states where TBE is available. TBE provides special protection from creditors of one party, the interest of a decedent passes automatically to the Survivor and survivorship rights cannot be severed by either party. In a traditional joint tenancy with the right of survivorship the tenancy can be severed if one party transfers their interest by deed.
- Property division in the case of a dissolution of the civil union in every jurisdiction does not mirror property division involving a divorce of legally married couples.
In some states employers are not required to provide insurance to domestic partners. In some states that do have insurance provisions, the employers contribution is treated differently at tax time than with married spouses.
Civil unions can exist in states where same-sex marriage is banned by statute, constitutional amendment or both. Another important difference is portability. The portability of the two may differ when traveling to or moving to other jurisdictions. A legal same sex marriage will have all the benefits of marriage in any state that recognizes same sex marriage or in any state that has chosen to recognize same sex marriages solemnized in other states.
As mentioned above, rights that inure to civil unions vary by jurisdiction and the federal Defense of Marriage Act (DOMA) allows each state to choose whether or not to recognize a same sex union that is recognized in another state. Therefore, same sex couples with a registered civil union in one state must check the laws in any state to which they relocate.
This area of law is evolving. It is important to check the laws in your state and consult with an attorney who specializes in this area of law to determine what your legal rights are and whether you need to take steps to expand them. See the entry on the discussion page for examples of states that do not grant legal rights that inure to marriage to domestic partnerships, provided to help settle the confusion that legal rights under every domestic partnerships are universally identical to marriage.
Some states that do provide civil unions with benefits equal to marriage are New Jersey, Illinois, and Hawaii.
Wiki User
∙ 10y ago
Wiki User
∙ 11y ago- A civil union is not a marriage.
- Partners in a civil union are not legally called spouses.
- The term "civil union" has no legal meaning in many US states and foreign countries. The term "marriage" has a specific legal meaning in all fifty states and in every foreign country.
- Marriage is portable. Civil Unions, not so much.
- Even if DOMA is struck down or repealed, only marriages will be recognized under federal law in the US, not civil unions.
- People generally judge civil unions to be less than marriages.
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What are some differences between a marriage and a legal union?
Marriage is a type of legal union. Depending upon the laws of your jurisdiction, other types of legal union may include "civil union," "domestic partnership," "civil partnership," or "designated beneficiary relationship."
What are some differences between a civil union and a legal marriage in new zealand?
In New Zealand, the only difference is the name. Also, Civil unions are no longer offered there.
What are some legal differences between same-sex relationships and heterosexual ones?
In states that have legalized same-sex marriage, there is no legal difference between the two. In states that have banned same-sex marriage, the difference is that heterosexual couples are permitted their civil rights.
Have civil marriage in Turkey?
Civil marriages are the only type of legal marriage in Turkey. However, you can have a religious ceremony, but that alone is not a legal marriage.The only type of marriage that is legal in Turkey is a civil marriage. You may have a religious ceremony, but it has no legal standing in the country.
What is the general view of a civil marriage and then an actual marriage later in the Catholic church?
A civil marriage is to be a legal couple in the law's view, and the church marriage is to be legal with God 's laws.
What do civil unions lack?
Civil unions are not legally called "marriages" and partners in a civil union are not legally called "spouses." That is the only difference between a civil union and a legal marriage.
What are some specific statutory differences between civil unions and marriage according to Delaware state law?
Delaware civil unions are "substantially equivalent" to legal marriage. Some differences are:One is called "marriage"; the other "civil union."Marriage is limited to opposite-sex couples only; civil unions are limited to same-sex couples only.Otherwise, [§ 15-3.1-6 Benefits, protections, and responsibilities.] "[a] party to a civil union lawfully entered into pursuant to this chapter shall have all the rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil or criminal law as people joined together pursuant to chapter 15-3 [i.e., legal marriage]."
What is a legal partnership between two persons of the same sex typically used to provide the benefits of a marriage known as?
A legal partnership between two people typically used to provide the benefits of a marriage to the same sex couples is known as a civil union, civil partnership or domestic partnership.
For a marriage to be legal what does every state require couples to have?
A civil marriage license.
What is the difference between a civil union and marriage in Oklahoma?
In Oklahoma, a civil union is not recognized by the state, while marriage is legally recognized and provides couples with legal rights and responsibilities. Marriage offers additional legal benefits and protections, such as inheritance rights, access to healthcare decisions, and eligibility for tax benefits, that are not available to couples in a civil union.
Are civil unions legal?
In some places. Civil unions are legal in the states where they performed. They are also legal in other states that have legalized civil unions. Many places where same-sex marriage is legal will recognize a civil union as a legal marriage. Please see attached related question for a list of places where civil unions are legally performed.
What are some specific statutory differences between civil unions and marriage according to Vermont state law?
Vermont Civil Unions, which still exist but are no longer offered, provide the same benefits and protections as legal marriages. The only differences are:One is called "marriage"; the other, "civil union."Otherwise, [§ 1204. Benefits, protections, and responsibilities of parties to a civil union. (a)]: "[p]arties to a civil union shall have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a civil marriage."
