Domestic Partnership Agreement

Domestic Partnership Agreement: Protect Each Other

A Domestic Partnership Agreement lets you share your responsibilities and expenses. It is a flexible document, so you can determine the terms of your relationship. Domestic partner relationships are increasingly common, as many couples now choose not to get married for different reasons (e.g., taxes, privacy).

Discussing finances is a good idea. It can strengthen your commitment by helping you to come to an understanding about your finances and expectations as your relationship moves forward. The Domestic Partnership Agreement also lets you determine the property that will be shared and that will remain separate, which helps avoid conflicts.

Unfortunately, those not married or in a civil union may have few, if any, rights with respect to each other due to their relationship. A Domestic Partnership Agreement helps provide basic rights and obligations.

Domestic Partnership Agreements work great for most people, but not all. If you are married, legally separated, in a civil union, or have a registered domestic partnership with someone else, you cannot create a valid Domestic Partnership Agreement. Also, if you are a same-sex couple, certain states may disfavor your Domestic Partnership Agreement (such as Michigan and Virginia). If you and your partner are a same-sex couple resident in such a state, your Domestic Partnership Agreement may not be enforceable and you should consult an attorney.

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Frequently asked questions

What is a “Domestic Partnership Agreement”, and do I need one?

Are you in an unmarried and committed relationship? If so, a Domestic Partnership Agreement may help you. A Domestic Partnership Agreement may protect both of you, as it provides for basic rights and responsibilities towards each other. This is necessary because both people in an unmarried relationship often have no formal rights or responsibilities to each other Basically, the document lets you each protect one another.

Over the course of a long-term relationship, financial questions will inevitably arise: How will we share our living expenses? Who owns property acquired during our relationship, and how will it be treated? How will we manage our income and personal finances? And what happens if we break up?

A Domestic Partnership Agreement allows a couple to deepen their commitment to each other and come to an understanding about financial goals and expectations as the relationship moves forward.

Essentially, a Domestic Partnership Agreement addresses how the couple will share expenses, income, property, and other responsibilities over the course of their relationship. It can also provide guidance for dividing property and resolving disputes in the event that the relationship ends. The Domestic Partnership Agreement is one of the tools that unmarried couples have for approximating some of the rights and obligations that married couples automatically obtain.

What is the difference between a Domestic Partnership Agreement (this document), and being registered as domestic partners?

A Domestic Partnership Agreement is a private agreement between two individuals. A registered domestic partnership is a legal status conferred on you by the state or municipality in which you reside, if your state allows such and if you meet their requirements. Only a handful of states offer this domestic partner legal status. It is helpful to check and consider whether this status is available to you, as a number of benefits may flow from this status, such as being able to be covered under your partner’s health insurance.

Do I still need a Will or a Living Trust?

A Domestic Partnership Agreement is not a substitute for a Will or a Living Trust. It does not provide for the distribution of your property after you pass away.

If you pass away without a Will or Living Trust, your property will be distributed according to your state laws through a public legal proceeding that may be costly and may not follow your wishes. Wills and Living Trusts help ensure that your property is distributed according to your wishes after you pass away and that your assets are preserved.

If you would like to learn more about Wills and Living Trusts, please click here and here.

Will a Domestic Partnership Agreement allow me and my partner to make healthcare decisions for each other?

No. Additionally, unmarried couples often do not have the rights to participate in health care decisions for each other. Domestic partnership agreements generally do not cover health care.

You may designate your partner as someone who can make decisions regarding your health care when you are unable to make decisions for yourself through a Health Care Directive. Health Care Directives are particularly helpful for unmarried couples.

If you would like to learn more about Health Care Directives, please click here.

Is my Domestic Partnership Agreement still valid if we decide to get married or enter into a civil union or registered domestic partnership?

Domestic Partnership Agreements generally apply to unmarried couples. If you are married or enter into a state-recognized civil union, your Domestic Partnership Agreement may no longer be valid.

Are Domestic Partnership Agreements only for same-sex couples?

No. Domestic Partnership Agreements are equally popular with heterosexual couples who wish to define their rights and responsibilities toward each other and to possibly realize tax savings by not being married.

What is the difference between shared and separate property?

Domestic partners can choose to treat property or income that they acquire during their relationship as shared or separate.

Shared property belongs to both of you as a couple. Separate property belongs to only one of you. In the event that a domestic partnership agreement is terminated, shared property is usually divided equally, whereas separate property is kept by whoever owns it.

We are agreeing to share accumulated property. What if we later decide that we want to have a specific item of property treated as separate property?

If you later decide that you want to have a specific item treated as separate property, you should change your Domestic Partnership Agreement, using the Amendment form we provide, to describe the property will be owned separately. See “How do I change or terminate my Domestic Partnership Agreement”?

We are agreeing to keep our accumulated property separate. What if we later decide that we want to share a specific item?

If you later decide that you want to have a specific item that was separately owned to be treated as shared property, you should change your Domestic Partnership Agreement, using the Amendment form we provide, to describe the property will be owned together. See “How do I change or terminate my Domestic Partnership Agreement?”

We are agreeing to keep our accumulated property separate. What if we open a joint bank account (for example to cover our living expenses)?

If you truly want to keep your property separate, putting money or property into a joint account may not be the best decision. If both of you agreed that your property should be kept separate, you create a confusing situation by putting assets or property into a joint account. It is possible that anything you put into a shared account may be considered your shared property. You could add the joint bank account to your Domestic Partnership Agreement as shared property by using the Amendment form we provide.

How do I change or terminate my Domestic Partnership Agreement?

You can make changes to your Domestic Partnership Agreement at any time upon your mutual agreement, such as changing certain property from being separately owned to being owned together, and vise versa. In order to do so, you and your partner will simply need to fill out and both sign the Amendment form that Bloomwell included in your document package, have it notarized, and attach it to the Domestic Partnership Agreement document. We included the Amendment form because we realize folks may want to change their Domestic Partnership Agreement.

Either or both of you can revoke your Domestic Partnership Agreement, at any time and for any reason, by filling out and signing the Revocation form that Bloomwell included in your document package and having it notarized. We included this Revocation form in case you want to terminate your Domestic Partnership Agreement.

What is “mediation”?

With our Domestic Partnership Agreement document, we provide you with the option to go through mediation rather than litigation. Mediation is a common choice for couples that split up and disagree over the terms of their agreement. Mediation is an informal process where a mediator facilitates a compromise between you and your partner. No decision is imposed on you until you reach a mutually satisfactory compromise and sign a written agreement. Both of you retain the ability to bring a suit in court.

What is “common law marriage”?

In a few states in the United States, a couple can be fully and legally married even though there isn’t a marriage license. Generally, both individuals must have consented to marriage and have been legally able to give such consent (e.g., each person has reached the age of majority and is of sound mind). Common law marriages are state-law-based marriages that are informal (e.g., are not created via a marriage certificate) and are then recognized throughout the remaining states.

What is a “notary”?

A notary public is a person authorized by your state who can witness a document being signed and certify that the signature is not forged. You should check your bank, as banks often have a notary available. Otherwise, you can find a notary using the Internet or the yellow pages.

States, authorities, and certain institutions (such as banks) may require a document to be notarized so that they can be confident that the person who signed had their identity checked.

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