Gay Domestic Partnership Agreement
may decide at this time that marriage is not what you want. Creating
an agreement with your partner (often called a domestic partnership
agreement or a living together contract) that sets out expectations
for distribution of finances and property should the two of you
ever separate may seem pessimistic and uncomfortable at first. However,
if you do not marry, you do not have the benefits of a judicial
settlement of assets in the unfortunate case of separation. Couples
who part without any written agreement as to the division of their
savings and property can face great difficulties legally if they
cannot resolve ownership disputes on their own.
partnerships typically describe the financial and ownership roles
of each partner, i.e., what is owned jointly and what is owned separately,
as well as how future items and earnings should be shared. The major
concern from a legal standpoint is the enforceability of these contracts.
For a contract to be enforceable in court, the parties must:
Be mentally competent, and they cannot be minors.
b. Contract for legal items (for example, you cannot have an agreement
offering money in exchange for illegal drugs or sex).
c. Make sure there is an exchange involved, although the exchange
need not involve items that have the same value.
these concerns are met, a domestic partnership agreement can be
flexible and tailored to meet the needs and desires of you and your
partner. To ensure that your contract is enforceable and that your
expectations are fully articulated, it is beneficial to consult
with an attorney when drafting your agreement.
every state has domestic partnership ordinances. Some municipalities
have enacted legislation regarding the rights of unmarried couples,
called domestic partnership ordinances. These laws enable two partners
who are not married but are in intimate, caring relationships and
living together to have their relationship recognized by the municipality.
While domestic partnership registration does not confer benefits
and protections such as those of marriage onto same-sex partners,
it can be very helpful in certain situations, including those where
you and your partner are seeking benefits from each other's employers,
dealing with housing arrangements, and applying to become adoptive
Contact a lawyer in your local