A domestic partnership can be defined as a relationship between two individual living together and sharing domestic life but not married. In most cases, individuals living together as domestic partners are entitled to certain legal protection. These persons are, however, not entitled to common-law marriages since they are not recognized as legal marriages. Besides, states like California in the United States established legislations that recognize domestic partnerships as non-marital marriages. Domestic partnerships are associated with same-sex unions and are considered to be an alternative to marriage to homosexual unions. Even though it is different from traditional marriages, the domestic partnership is a legal concept recognized in some countries especially the U.S. In the event of termination, there are certain outcomes expected as stipulated in the agreement and if there is not, the court can be used to determine the way forward concerning properties, finances, and domestic issues.
The partnership is considered to be a legal concept in the states of California, Colorado, and Hawaii. For instance, it is believed to be an alternative to marriage for same-sex couples since it helps in defining their relationship status (Ball 2013). In the event that the state fails to recognize homosexual marriages, the concept is used to legalize the relationship such that the partners can enjoy certain legal protections similar to those of married couples. Besides, the partners are recognized in the Health Insurance Plan even though one is required to provide a proof of commitment so as to enjoy the health insurance benefits. In the state of Colorado, the partners have the right to adopt children through the Second Parent Adoption (Ball 2013). The recognition of the union as an alternative to marriage and the provision of the adoption of kids through the second parent adoption indicate that the concept is recognized by the laws of the states.
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Despite the recognition of the partnership in the state of California through the legalization of the same-sex marriages, the concept is different from traditional marriages in most states. In the states of Hawaii and Colorado , the partnership is not recognized as a family even though the partners may have similar rights to those of married couples. In the states where the partnership is not recognized, the partners may receive employee benefits but have to provide a proof of commitment (Gates 2015).Unlike in the traditional marriages, the domestic partnerships are not recognized in the federal law of the United States and therefore an individual cannot petition for their non-citizen partner. Furthermore, a domestic partner can only inherit the assets of their partners only through a will recognized under the law.
The partnership can be terminated through filing a statement. Furthermore, when one or both the partners get married, the partnership is considered to be null and void. On termination, the partners return to the status in which they were prior to the partnership (Smith 2014). In this case, the properties and finances acquired before partnership are regarded as separate and therefore not subject to division. Besides, finances and properties inherited or given as gifts are also regarded as separate. The court can be used to determine the course of action regarding the finances, properties and domestic issues when their partnership agreement never stipulated the way forward in the case of separation.
Therefore, domestic partnerships are legal relationships recognized by the law since they are considered as alternatives to marriages for same-sex marriages. Furthermore, the partners are recognized in the health insurance plan provided that they have a proof of commitment. The partners are also provided with the liberty to adopt children under the second parent adoption as provided by the law. Besides, the partnership is different from traditional marriages in that it is not recognized as a family in accordance with the law and not recognized in the federal law. On termination, the course of action to be taken is stipulated in the agreement and when that is not the case, the court can be consulted to give the way forward.
References
Ball, C. (2013). Domestic Partnership before Same-Sex Marriage. Jotwell: J. Things We Like , 174.
Gates, G. J. (2015). Marriage and family: LGBT individuals and same-sex couples. The Future of Children , 25 (2), 67-87.
Smith, B. (2014). The dissolution of a life or domestic partnership. The Law of Divorce and Dissolution of Life Partnerships in South Africa (Juta Cape Town 2014) , 387-474.
