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
the Domestic Partnership
-
Dissolving
the Domestic Partnership
-
Estate
Planning / Inheritance Issues
-
Powers
of Attorney
- Children
We understand the nuances
and details that are inherent in Domestic Partner relationships, and we can help protect you and your partner. Please
read on for a brief overview of the issues listed above.
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.
