A domestic partnership is a legally binding relationship between two persons who live together but are not married.
Domestic partners are eligible for benefits in a few states. In areas where benefits are extended to domestic partners, a couple can apply to register their relationship and obtain specific government advantages, some of which are the same as marital benefits, but not all of them.
A couple in a domestic relationship lives together, shares finances, and can even raise children as unmarried parents. Domestic partnership was first offered to same-sex couples who were not allowed to marry, but marriage is now open to same-sex couples in all states.
Domestic partnership is still available in several states to same-sex couples. Domestic partnership is available in some areas to all couples.
Domestic partnerships, like marriage, are governed by state and local laws; therefore, there are no federally mandated rules for what they are. These relationships are defined differently in each state and municipality.
Why Do I Need a Domestic Partnership Certificate?
The state of New Jersey provides you with a Certificate of Domestic Partnership when you register as domestic partners. This is your written legal proof of your relationship, and you may need to produce it in the future if you want to take advantage of some of the benefits married couples enjoy.
Your company, for example, may want to see it in order to extend your health insurance coverage to your partner.
What Is a Domestic Partnership Certificate?
After you and your partner have completed your signed and notarized Affidavit of Domestic Partnership, the Local Registrar will prepare a Certificate of Domestic Partnership. When the Certificate is prepared, each partner is given an informational copy, which proves that your domestic partnership has been registered.
The Certificate of Domestic Partnership must be completed as soon as the signed, and notarized Affidavit of Domestic Partnership is filed.
How Do Domestic Partners Register?
Couples can legalize their domestic partnership by registering in the way required by law in the jurisdiction where they are registering. To enter a contract in most places, both partners must be at least 18 years old, unmarried, and competent. They cannot be in another domestic partnership and must have been in a committed relationship for at least six months.
The following documents will be useful in applying for a domestic partnership relationship:
- Proper identification. This could be a driver’s license, passport, or other documents proving identity. Partners should familiarize themselves with the laws of the state, county, or city where they reside and are enrolling.
- A deed transferring ownership of residential real estate, a mortgage, or a rental arrangement listing both applicants as occupants of the residence.
Suppose a person and their partner claim to be in a domestic partnership but do not properly register with a court. In that case, they may be denied the same advantages as a couple who formally register with a court or other government body as local law requires.
Registration does not provide instant benefits; the affidavit, not the registration, creates the domestic partnership.
Nonetheless, third parties like insurance companies and employers use the registry to determine who may be eligible for employment perks such as spousal health insurance coverage. As a result, it is critical to examine the law in the city and county where a person resides.
When the partners form their domestic partnership, they may wish to see a lawyer about arranging their assets and outlining what would happen if they decided to separate. The conventional affidavit for a domestic partnership does not address these difficulties.
Where Could My Partner and I Obtain a Certified Copy of Our Domestic Partnership Agreement?
A certified copy of the Certificate can be obtained from the New Jersey State Registrar’s Office of Vital Statistics and Registration.
Who Can Obtain a Certified Copy of My Domestic Partnership Agreement?
The registered domestic partners, as well as their immediate family or lawyer, are the people who can obtain certified copies of a domestic partnership agreement.
What Are the Advantages of Having a Domestic Partnership?
Although domestic partners do not have the same rights and benefits as married couples, states do provide some perks, such as the right to receive the following:
- Health, dental, and vision insurance;
- Death benefits and inheritance rights;
- Visitation rights in jails and hospitals;
- The ability for one spouse to make medical and financial decisions for another;
- Accident and life insurance;
- Housing rights; and
- Adoption and parental leave rights
How Does a Domestic Partnership End?
Either party or both parties can request for the domestic partnership relationship to be terminated. There is typically a waiting period after filing before the domestic partnership can be legally terminated. During this time, both spouses can continue to benefit from the arrangement.
Domestic partnership dissolution may have some of the same concerns as divorce. Again, it is critical to contact a family law attorney in New Jersey if you have any further questions.
If the relationship still fits the domestic partnership’s standards, a partner requesting termination may be eligible to withdraw their application. However, once the waiting period is complete, the pair will have to file for a new domestic partnership once the old one is terminated.
The domestic relationship may be automatically terminated for any of the following reasons:
- One of the partners dies;
- The partners decide to get married;
- One partner marries someone else; or
- One partner abandons the relationship or common residence.
How Does a Domestic Partnership Differ From Marriage?
The distinctions between a domestic relationship and marriage varied by state. Every individual in every state has the right to enter into a marriage. Domestic partnership relationships, however, are not recognized in all states.
Marriage frequently includes more safeguards and benefits than a domestic relationship. Domestic ties are not legally defined as “family.” Domestic partners, unlike married spouses, do not automatically inherit assets upon death. A married couple can file federal and state income tax returns together.
Furthermore, married couples have social security benefits; one spouse can benefit from the other spouse’s social security benefit and may be entitled to a share of a spouse’s benefit if the spouse dies.
A couple must divorce to end a marriage. This process may be more difficult than terminating a domestic partnership or even a civil union.
A variety of emotional and relational reasons can influence the decision to get into a domestic partnership or marriage. When weighing your options, it’s important to understand the rights and benefits of each type of relationship. A person should speak with an expert family law attorney in New Jersey to acquire a complete understanding. An attorney can provide you with legal guidance, information, and input regarding your rights and options about your particular case.
Do I Need an Attorney to File a Domestic Partnership?
While you do not need a lawyer to file the papers for a domestic partnership, contacting a reputable New Jersey family lawyer who can advise you on the laws and repercussions of being registered as domestic partners is a good idea.
You and your partner may also want to speak with a wills and trusts attorney about any of your estate planning issues.
