By
Shipra Shukla
Lesbian, Gay, Bisexual, Transgender & Intersex (LGBTI) Resources at UCSF will present longtime Bay Area attorney and UCSF legal consultant Frederick Hertz, who will share his insights into the legal rights and limits of domestic partnership.
Hertz is the author of
Legal Affairs: Essential Advice for Same Sex Couples and co-author of the Nolo Press reference text
A Legal Guide for Lesbian & Gay Couples.
Hertz will present classes on three Tuesdays, Oct. 9, Oct. 23 and Nov. 6, at 5:30 p.m. in the UCSF School of Nursing, room 217, Parnassus campus.
Hertz speaks and writes often on legal issues facing same-sex couples, and has has appeared on The Oprah Winfrey Show, The Today Show and NPR's Talk of the Nation. Regularly quoted as an expert on same-sex dissolutions, Hertz has been featured in
The New York Times, Harper's Magazine, The New York Observer, The Advocate and
Out magazine, among other publications. He was recently described in The Advocate as "one of the nation's leading experts on lesbian and gay divorce."
With expanded options for civil unions and registered domestic partnerships comes the need to make informed decisions, Hertz notes. "Having legal choices requires that you educate yourself about your legal options, and then create the agreements and take formal steps that are appropriate for your particular situation."
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Frederick Hertz |
Three Phases of Partnership
Hertz's three classes will focus on the three phases of a relationship: formation, duration and ending (upon death or dissolution), with a discussion about money, property and children in each class.
"Regardless of what stage of a relationship you're in -- whether just getting into one, already together or dissolution -- major life decisions are going to be impacted by the legal constraints of domestic partnership," says Shane Snowden, director of LGBTI Resources, part of the UCSF Center for Gender Equity.
The first class will delve into the pros and cons of registering a domestic partnership with the state of California. While many couples choose domestic partnership, they often forgo officially registering with the State.
"People should be aware that in California, domestic partnership registration is not the same as marriage and it doesn't award you the same rights," Snowden says.
The complicated federal tax rules often act as a deterrent to couples who might register. "Some of the most difficult questions regarding domestic partnership arise from the lack of federal tax recognition of domestic partners as spouses," Hertz says.
However, registering a domestic partnership with the state of California does give people some rights, such as making decisions about medical treatment and receiving child support and alimony.
While thinking about when a relationship will end before it starts may not feel natural, the fact remains that legal decisionmaking up front can possibly prevent legal troubles in the future, according to Hertz.
Hertz's presentation addresses both the legal and emotional aspects involved in setting up a living-together agreement, which is analogous to a prenuptial agreement. He looks at how couples can address their financial inequities and aspiration differences.
Hertz and his partner of 24 years live in a renovated Victorian home in Oakland, where they are active in local gay politics and historic preservation campaigns.
He graduated from University of California, Berkeley School of Law in 1981, and has practiced in Oakland since 1990. His law practice emphasizes property disputes between co-owners, gay and straight, and zoning and planning matters. Hertz currently does not represent clients in child custody, adoption matters or estate planning.
Related Links:
Lesbian, Gay, Bisexual, Transgender & Intersex (LGBTI) Resources
Same-Sex Law
