You probably already know that same or opposite
sex Domestic Partners have many different issues to consider in several areas of life, such as:
Formalizing / Dissolving the Domestic Partnership
Domestic
Partner Agreements solidify the partnership by clearly stating the union and intention to share each others' lives.
In some cases, such Agreements may be required to participate in your partner's employee benefit programs, or even to jointly
apply for a lease or mortgage. Domestic Partner Agreements typically include each partner's financial responsibilities
as well as provisions for each partner's health care, funeral instructions, property division upon death or dissolution of
the partnership.
Sadly, not all Domestic Partnerships are successful. When the need to
dissolve a partnership arises, a properly drafted Domestic Partner Agreement will help facilitate this process. Because
there are no laws to help Domestic Partners navigate this process, it is critical to think these issues through
before or during the partnership.
Estate Planning
/ Inheritance Issues
For Domestic Partners, planning an estate is a more complex process. This is because in the eyes of the law, Domestic Partners
do not have an automatic "right" to inherit from each other. By planning your estate now, you can
ensure that your partner will inherit part or all of your estate, along with or instead of your legal beneficiaries.
Powers of Attorney (for Property and Health Care)
If you become ill or disabled, chances are you would want your partner to make property or medical
decisions on your behalf. However, unless you have created a formal, legal "Power of Attorney" document, there
is no guarantee that your partner will have that privilege. In the event that you do not have a "Power
of Attorney" document, your closest living relative may be the only person with the legal power to act
on your behalf.
Children
A Domestic Partner Agreement, in combination with an Estate Plan, can also provide for you and your partner's
biological or adopted children. These documents should contemplate child support and visitation issues in the event
of a separation, as well as care providers and financial resources upon one or both of the partners death. Particularly
if you and your partner joinly adopt a child, you cannot assume that the law will recognize both partners as the parents of
the child. Often, specific legal documents must be created to solidify the relationship.
Now What?
If you have not yet talked about
these issues with your partner, maybe now is a good time to strengthen your relationship and plan for the future. It
is important to plan for the possibilities in life before they occur. Please feel free to Contact Us to arrange for a consultation, where we can fully analyze the issues that apply to your
partnership.
Other Practice
Areas:
Practice Area: Business and Contract Law
Practice Area: Employment Law
Practice Area: Employee Benefits Law
Practice Area: Estate Planning
