Domestic Partnerships have been signed into law in New York City in 1997 and in the State of New York in 1996. Same sex couples (and opposite sex couples with at least one being employed by the City of New York) who are residents of New York City entitles these parties to certain limited benefits as if they were married couples. The domestic partnership law provides that a domestic partner of a deceased's shall take priority over anyone else unless someone else is specifically named in a valid will; a special designation of an agent or surviving legal spouse. The surviving domestic partner's rights take priority over surviving adult children, surviving parents, surviving adult siblings, surviving guardians or other fiduciaries.
However, since many of those benefits are limited and mainly municipal, the only benefits that private businesses must extend to same-sex couples are typically health insurance, family leave and certain discounts. Therefore, to protect rights and obligations concerning the property/assets; to address custody/guardian of children and to specify child/spousal support, same-sex couples should have domestic partnership agreements (or cohabitation agreements), wills, trusts, health care proxy, power of attorney prepared by an experienced attorney once they have entered into the partnership. Partnership dissolution agreements may be prepared once the parties have lived together as a domestic partnership and decided to terminate the partnership. Dissolution agreements can address these same interests based on the circumstances of the individuals' in the partnership.
Entering into a domestic partnership in New York City requires that the parties, over the age of 18 years, are residents of NYC (or at least one is); are not married to another or in another domestic partnership (or was not within six months prior); are continuously living together; register their relationship before the city clerk and attest their devotion to one another.
Contact our office to discuss your domestic partnership issues.