Under domestic partnership laws in California, partners in a gay or lesbian relationship, as well as partners in certain heterosexual relationships, are allowed to register as domestic partners. Domestic partnership relationships under the new Domestic Partnership Law effective in 2005 are assigned similar responsibilities as married couples, some of which include:

• Acquiring and owning community property
• Incurring debts which are community debts
• Responsibility for each other’s support, similar to alimony
• Custody, visitation and adoption of the child by the non childbearing domestic partner

However, the same laws that apply to Premarital agreements also apply to Domestic Partnership agreements. This means the written agreement of the parties must set parameters on what happens to financial assets in the event of separation or death. Instead of leaving finances in the hands of the court system, partners can pre-determine financial management, which could include:

• Separate finances
• Protection from the other partner’s debts
• Establishment of property division in the event of a dissolution
• Clarification of responsibilities during the partnership
• Financial Protection of dependents, such as children

Please call our office at 408-292-4849 to arrange a free consultation regarding your Domestic Partnership case.