Ask Emma: Questions about Civil Partnerships and the law

Dear Emma

I live in the UK, and am in a serious relationship with a girl from America. We see each other as often as we can afford and plan on entering a civil partnership after I graduate from University. That wouldn't be for another 2 years, but I'm trying to get as much research done as possible. I know we have to apply to the local Registry office, but what rights would our partnership have if we wanted to move back to America together? Any advice you can give would be helpful.


Hi
I?m impressed ? I?ve heard of planning a year or eighteen months in advance but 2 years shows real forward thinking!

In short, it depends on where you want to live (I guess your partner?s place of residence is a big factor there) because civil-partnerships are only recognised by law in either Massachusetts or California. A recent memo from the Governor?s counsel in New York stated that same-sex marriages should be recognised by state agencies, insurance and healthcare providers, however, New Yorkers can?t enter into civil partnerships there. Furthermore, in the future this recent change in NY may not extend to civil partnerships solemnized abroad. Massachusetts has residency rules that you?d have to take a serious look at before you could marry there. Anywhere other than there and California your union simply won?t be recognised at all.

Things are changing in America with regards to same-sex partnerships and legal recognition of them all the time. You can keep up to date with the developments in our Civil Partnership Law News section , and that will also give you a flavour of just how hot a topic it is over there. Who knows what will have changed in two years time ? there?ll be a new president and the economic advantages that California is sure to enjoy because of it?s recent law change is bound to get some states thinking about changing their laws too. Let?s keep our fingers crossed that one day people won?t ever have to ask this question again.

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