Frequently Asked Questions

About Civil Unions

• Who is eligible?
• Any person who is not a partner in another civil union, not a spouse in a marriage, or not a party to a reciprocal beneficiary relationship.
• Who cannot enter into a civil union?
• Basically anyone who is related to each other by any degree.
• Is a license the only requirement needed to obtain a civil union?
• No, the civil union must also be solemnized.
• What does solemnized mean?
• This simply means to have a formal ceremony, i.e. vows.  This usually requires, at minimum, one witness other than the parties.
• A civil union must be solemnized.  By who?
• Any judge or retired judge, any ordained or licensed member of the clergy.
• Must have a license to solemnize civil unions in the same manner as the department of health issues licenses pursuant to chapter 572.
• Are the above requirements all that are needed?
• No. You need to be issued a license by an agent in the judicial circuit in which your civil union is to be solemnized or in which either person resides.  However, please note that the license will be void thirty days after issuance.
• Both parties need to appear in front of the agent and applied for the license.
• How much does the license cost?
• $60
• What happens after solemnization?
• The person who solemnized the civil union needs to state the time and place of the solemnization and return the certificate to the government agent within three business days following the solemnization of the civil union.
• What happens if the person loses or otherwise fails to turn in the certificate within the three business days?
• The partners joined in the civil union may provide the government agent with a notarized affidavit attesting to the fact that they were joined in a civil union also stating the date and place of the solemnization of the civil union.  The civil union will be valid backdating to the date attested to in the affidavit.
• What rights do you have when in a civil union?
• You will have all the same rights, benefits, protections, and responsibilities as couples married under HRS § 572.  It is important to note that these benefits are STATE benefits only. Due to the Defense of Marriage Act, the Federal government is not recognizing any union or marriage that is not specifically between a man and a woman.*
• What type of benefits will we receive?
• You can file joint tax returns for your state taxes.  You will no longer be legally precluded from things like club memberships or hospital room visits. State retirement and health benefits can be conferred upon each other.  Your partner will inherit your possessions without the need of a will.
• What if you married or entered into a civil union in another state, what protections do you have?
• Under the new Hawaii law, as long as your relationship was entered into in accordance with the laws of your jurisdiction and can be documented, the relationship will be categorized and recognized in Hawaii as a civil union.
• How do you terminate a civil union?
• The same rules concerning annulment, divorce, and separation that apply to marriage apply to civil unions.
• Is there anything I should do to protect myself?
• Along with the legally binding status of civil unions comes the same cautions and concerns that people dealing with marriage encounter. You may want to consider a pre-civil union agreement between you and your partner.  There are a variety of factors that must be considered before entering a civil union that are too case specific to discuss in this venue.  Anyone who is seriously contemplating a civil union should schedule an appointment with our office to discuss the precautions that would be applicable to you.
• What can Everett Cuskaden & Associates do to help you?
• We are offering to help you in any way you need, and are willing to walk couples through the entire process.  We can help you fill out the forms to obtain a civil union license.  We can put you into contact with people who are authorized to solemnize civil unions.  We can help you to draft pre-civil union agreements.  We will even be there for you should a separation and termination of the civil union be necessary.
• While we understand that this is an exciting and ground breaking time for all involved, it is our hope that we can help the community to make the most informed and well planned decisions.