Domestic Partnership Agreement
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What is a domestic partnership agreement?
A domestic partnership agreement is a type of cohabitation legal arrangement that records the fact of two unmarried partners living together, as well as defines their property rights and financial responsibilities. This document should not be confused with a prenup contract that is being signed by a married couple or a couple that plans to register their marriage soon.
This template provides both parties with solid legal protection by:
- documenting ownership of assets and debts;
- establishing how shared property will be managed;
- reducing disputes if the relationship ends.
This template could be customized for all 50 states in the U.S., including the District of Columbia.
Who should use a domestic partnership agreement?
Having a domestic partnership agreement contract could be helpful:
- for same-sex couples and the LGBTQ+ community;
- for domestic partners who live together for a long time and want more clarity;
- for a couple who plans to buy a home or take a mortgage together;
- for a couple who have children together and want to protect their joint assets, etc.
What’s Included in This Domestic Partnership Agreement?
The law does not define the exact list of clauses for every sample domestic partnership agreement. The document usually addresses financial and property issues a couple may deal with while living together or separating from each other. Below we made the list of essential clauses a solid domestic partnership agreement should have:
- Property before relations. The text of an agreement must define whether a property acquired before the partnership should remain individual property of either spouse or joint property.
- Property acquired in relations. The parties must define who shall own all property acquired by a couple while living together. There are several possible options for sharing the property: 1) a property shall belong solely to either partner; 2) a property should be shared equally between the parties; or 3) a property should be shared in proportion to either partner’s financial contribution.
- Division of acquired property. If a couple separates, the text of a domestic partnership agreement template must address the rules for division of such a property.
- Division of debts and liabilities. The text of a contract must specify how the debts incurred before and after the partnership should be divided.
- Amendment clause. Any change or amendment to a domestic partnership agreement should be made in writing and signed by both parties. This is the only way of making changes to the document.
- Alimony support. Please note that inclusion of this clause is not typical for domestic partnership agreements. Alimony support is a type of payment either of the couple could receive in case of separation. This is a typical financial tool for married couples who go through a divorce. The law does not provide a separate regulation for alimony support between a couple in case of a domestic partnership.
Why do you need a domestic partnership agreement?
A well-drafted sample domestic partnership agreement can help a couple that plans to live together in various ways:
- provides clarity in case of a couple’s separation;
- defines each partner’s financial contribution to households and other joint expenses;
- reduces legal uncertainty when either of the partners dies;
- reduces legal uncertainty.
If a couple has kids, it is worth considering signing a separate child support agreement. This agreement helps a couple to define legal custody and alimony payments for their children in case of a separation.
How to customize a legal template at FasterDraft?
To get a fully customized domestic partnership agreement, follow a few easy steps below:
- Click the “Create Document” button.
- Answer simple questions in the form.
- Select a template’s format—domestic partnership agreement PDF or Word.
- Make a payment.
- Download and use a customized legal template.
Table of content
Frequently Asked Questions (FAQ)
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1. What is a Domestic Partnership Agreement?
A domestic partnership agreement is a legal arrangement between a couple who lives together and wants to clarify the legal status regarding the debts, property, and expenses they incurred while living together. This document helps to clarify living rules, financial obligations and contributions to a family budget, etc.
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2. Is a domestic partnership agreement legally enforceable in the United States?
Yes. A domestic partnership agreement contract is recognized by all 50 states in the U.S., including the District of Columbia. To make this document legally enforceable, make sure that both partners sign it. A document cannot become legally binding without both parties’ signatures.
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3. Who should use a domestic partnership agreement?
A domestic partnership agreement template is an ideal solution for same-sex partners and individuals who are cohabitating together, as well as unmarried couples with kids.
The biggest benefit of this document is clear ownership rights regarding jointly acquired property. Besides that, the text of a contract helps to improve financial discipline inside a couple by splitting household costs.
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4. What topics does this Domestic Partnership Agreement template cover?
Domestic partnership agreements at FasterDraft cover the following points:
- details about the partners;
- marital residence details;
- division of housing costs, rental or mortgage payments, and utility bills
- division of joint expenses such as food, clothing, etc.
- division of debts;
- division of property (both acquired before and after the domestic partnership is formed);
- termination rules; and
- amendment clause.
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5. Do we need a lawyer to create a Domestic Partnership Agreement?
No, you do not need a lawyer to fill in a questionnaire form for a domestic partnership agreement. After that, you will get a customized legal document. Note that all our templates are drafted by lawyers, not AI.
Please note that a domestic partnership agreement significantly affects a couple’s property and financial rights. Therefore, we strongly recommend getting additional advice from a lawyer or a family attorney before signing this document to ensure you are fully aware of all the legal consequences.
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6. How is a domestic partnership agreement different from marriage?
The most common question most users have is what the difference is between domestic partnership vs marriage. The difference lies in a legal status, including:
- federal recognition. Marriage is recognized on both the federal and state levels, and this is an official type of union between two individuals. While the legal status of a domestic partnership differs significantly from the state where a couple lives. For instance, if a couple signs a domestic partnership agreement Florida they can get visitation rights for family members once either of them is in the prison.
- inheritance rights. If either of a married couple dies and there is no will and testament, a surviving spouse has a right to inherit all or part of the residue. However, this is not the case for domestic partnerships. In order for a domestic partner to be eligible for inheritance rights, his or her name should be included in the text of the will.
- state or city benefits. In general, married couples may receive more benefits when it comes to social housing, joint insurance, additional days of vacation, etc. However, the exact list of benefits for a domestic partnership depends more on the state where your partnership is registered.
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7. Can we modify this domestic partnership agreement later?
Yes, domestic partners can amend their domestic partnership agreement template at any time after its signing. There are two important legal considerations parties should keep in mind:
- First, amendments should be made in writing only;
- Second, amendments should be made jointly by both parties only.
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8. Is this template valid for LGBTQ+ domestic partnerships?
Yes, the present domestic partnership agreement template is suitable for all unmarried couples regardless if it is a same-sex or opposite-sex couple.
For example, for a domestic partnership agreement California can enter any individual who is at least 18 years of age. If a person is below the age of 18, the prior court approval is required for registration of a domestic partnership.
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9. Do we need to notarize this domestic partnership agreement?
No, neither federal nor state laws require notarization of a domestic partnership agreement. However, to add an additional layer of legal protection, additional witness signatures are required.
A witness should be any third party who:
- is not related to either party to a domestic partnership;
- is 18 years old or more; and
- is in sound mind.
Signatures of at least two witnesses are recommended for this type of agreement.
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10. What happens if we separate or one partner passes away?
In the case of a domestic partnership, the consequences differ significantly for a couple separation or either partner’s death.
In case of either partner’s death, the domestic partnership agreement no longer applies. Instead, the state-specific succession legislation should apply. If a deceased partner made a will, in that case the provision of that will will take precedence.
In case a couple splits up, the following happens:
- A property that is according to a domestic partnership agreement is a private property and remains after a partner to whom it belongs;
- A property that is according to a domestic partnership agreement is a shared property and should be divided according to that agreement.
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