In case you haven’t heard the news, it’s an exciting time for same-sex couples in New Jersey. In late September, Judge Mary Jacobson of the State Superior Court in Mercer County ruled that same-sex marriages could be performed in New Jersey beginning as soon as October 21. The case she ruled on — Garden State Equality v. Dow — involves six gay couples who had appealed for their right to marry because New Jersey’s civil union system denies them access to federal tax benefits as laid out in the U.S. Supreme Court historic DOMA ruling.
Governor Chris Christie immediately responded to Judge Jacobson’s ruling by requesting a stay in the matter to avoid the October 21 deadline, though this has not yet been granted. Christie, who vetoed a bill last year to legalize gay marriage, wants the case fast-tracked to the New Jersey Supreme Court for an appeal. He also advocates a voter referendum on gay marriage if at all possible.
Right now, we are all on the edge of our seats waiting to see what happens next ... whether Jacobson’s October 21 start date for same-sex marriage will remain in place or if it's Gov. Christie who will be successful in his motion to stay this ruling and appeal. However, even if the case does go before the State Supreme Court, as Christie hopes it will, there is no denying the feel in the air in New Jersey that marriage equality is going to happen, and it’s likely to happen soon.
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What does this mean for you? If you are presently in a New Jersey civil union, or are in a committed same-sex relationship, in addition to celebrating our move ever closer to marriage equality, some very serious questions may be beginning to form for you about what happens next.
For example, if and when marriage equality is achieved in New Jersey, what becomes of your civil union? While the answer won’t be completely known until this day arrives, we can look to other states, such as Vermont, that had a civil union system in place prior to legalizing same-sex marriage. Couples there have been given a choice: stay in the civil union just the same as always, with the same rules and limitations, or sign an extra document upon applying for a marriage license that immediately dissolves the civil union the moment you marry.
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On the surface, this appears to be an effective way to prevent couples from being in overlapping relationship agreements (i.e., in the eyes of the law, one cannot be both legally married and in a civil union at the same time). However, if “automatic dissolution” becomes available in New Jersey, it also leads to other questions, such as, what happens to the assets and debts the two of you built up over the course of your civil union -- are those now considered marital property? Likewise, what happens to the pre-Civil Union agreement the two of you may have signed that outlines what happens to certain assets or establishes agreements concerning support? It’s doubtful there would be automatic transfer of these kinds of documents into pre-nuptial agreements.
Which brings up yet another question: should you be thinking about a prenup? If you are part of a same-sex couple and have October 21 circled in red in your calendar, good for you. Marriage equality in the state has been too long in coming and it will be a wonderful day when we know all our citizens are covered under the same laws. However, I will tell you the same thing I tell all the other clients I meet who are contemplating marriage: consider whether a prenuptial agreement is a good idea for you.
If you are unclear about the reasons why you would need a prenup prior to marriage, I encourage you to get in contact with a family law attorney to discuss your options. It is a straightforward process and really can be viewed as a kind of “marriage insurance.”
Marriage. Isn’t this a great topic to be talking about -- at last?
Resources and References:
Weinberger Law Group report: Judge: Gay Couples in New Jersey Can Marry As Early As October 21
Bloomberg report: New Jersey Court Told Same-Sex Marriage Appeal on Way
ABC Local WPVI report: New Jersey makes final case to delay same-sex marriages
NJ.com report: Christie seeks to delay start date for same-sex marriages
