Domestic Partnership Agreements
In California, same-sex couples who register as domestic partners can gain a broad range of responsibilities and rights. The California Family Code define domestic partners as “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.” (California Family Code § 297(a))
Beginning on January 1, 2005, in California, the rights and responsibilities of registered domestic partners became very similar to the rights and responsibilities of spouses. But to attain these rights and responsibilities in California, partners must register with the California Secretary of State and file a Declaration of Domestic Partnership, with the Secretary of state, and certain requirements must be met.
Those requirements are:
- Both persons must have a “common residence” (meaning they must share the same residence).
- Neither person can be married or a member of another domestic partnership.
- The two persons cannot be related by blood in a way that would prevent them from being married to each other under California law.
- Both persons must be at least 18 years of age.
- The persons must be either:
- members of the same sex or,
- members of the opposite sex, at least one of whom is over age 62 and eligible for social security old-age benefits.
- Both persons must be capable of consenting to the domestic partnership.
- If either person previously filed a Declaration of Domestic Partnership with the Secretary of State, it must be terminated pursuant to California Family Code §299 before the new domestic partnership may be established.
The Stockdale Law Firm, Inc. in El Dorado Hills can assist you in preparing or modifying your domestic partnership agreement. These agreements are contracts and can have consequences to you or your partner if not prepared properly.
If you would like to schedule an initial consultation with one of our Firm’s attorneys to learn how we can help you with your domestic partnership, please complete this online request form.