Domestic Partnership Agreement - Template, Sample Form Pro · US-law
✓ Valid in United States · drafted to comply with local law
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DOMESTIC PARTNERSHIP AGREEMENT
State of ________
THIS DOMESTIC PARTNERSHIP AGREEMENT (the "Agreement") is made and entered into on ________ (the "Effective Date").
BY AND BETWEEN:
________, an adult individual residing at ________ ("Partner 1");
-AND-
________, an adult individual residing at ________ ("Partner 2").
RECITALS
A. This Agreement is made between ________ and ________ (collectively, the "Parties" and individually, a "Party"), each of whom is of the age of majority and of sound mind, and who wish to join their lives together in a committed domestic partnership but not in contemplation of, and without intending to create, a marriage, civil union, or common-law marriage.
B. The Parties intend for this Agreement to become effective upon execution by both Parties pursuant to the laws of the State of ________, or any future applicable laws adopted by the State of ________.
C. The Parties wish to enter into this Agreement to provide certainty as to the status, ownership, and division of both current and future property between them.
D. The Parties further wish to define their respective rights, duties, and liabilities that may arise as a result of this partnership.
F. Each Party has provided the other with a fair and reasonable disclosure of that Party's assets, property, income, and financial obligations, a schedule of which is attached or incorporated as Exhibit A and Exhibit B respectively, and each Party voluntarily and expressly waives any right to further disclosure beyond the disclosure already provided.
G. Each Party acknowledges, represents, and warrants the following:
1. The Parties have each executed this Agreement voluntarily and of their own free will;
2. This Agreement is not unconscionable and was not unconscionable when executed;
3. Prior to the execution of this Agreement, each Party was provided with a fair and reasonable disclosure of the property and financial obligations of the other Party;
4. Each Party has, or reasonably could have had, adequate knowledge of the property and financial obligations of the other Party;
5. Each Party has had the opportunity to consult with independent legal counsel of that Party's own choosing prior to execution, and has either obtained such counsel or knowingly waived the right to do so; and
6. The Parties entered into this Agreement freely and under no duress, coercion, fraud, or undue influence by the other Party or any third person.
NOW, THEREFORE, in consideration of the domestic partnership between the Parties and the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE I. SEPARATE AND SHARED PROPERTY
1. The Parties acknowledge that this Agreement will govern the determination of ownership of property in the event the Parties separate or upon the death of a Party.
2. Except as otherwise provided in this Agreement, any and all property owned by one Party before the relationship will remain the separate property of that Party after the domestic partnership begins. Such separate property includes:
-- all real or personal property owned by a Party prior to the Effective Date, the income, rents, and proceeds therefrom, and the investments and re-investments thereof; and
-- all property acquired by either Party by gift, devise, bequest, or inheritance, whether before or during the partnership.
3. Neither Party shall, before or after the domestic partnership commences, acquire for themselves, nor for their assignees or creditors, any interest in the separate property of the other Party, nor any right to use, control, benefit from, or dispose of such property, without the written consent of the owning Party.
4. Each Party shall have the right, at all times, to dispose of or encumber any or all of their separate property by deed, sale, gift, trust, will, mortgage, lien, or any other form of conveyance or encumbrance without limitation, upon their own individual signature or act, without the necessity of action or consent by the other Party.
6. All future jointly acquired or jointly held property, and the currently jointly owned property described below, however and whenever acquired, will be owned by both Parties and treated as shared property (the "Shared Property"):
-- ________
7. In the event the Parties separate or upon the death of a Party, all Shared Property will be deemed owned equally, and each Party will be entitled to fifty percent (50%) of the net equity of such property, regardless of the initial or ongoing proportion of each Party's contribution, unless the Parties have agreed otherwise in a writing signed by both Parties.
ARTICLE II. EARNINGS DURING DOMESTIC PARTNERSHIP
8. All earnings, salaries, wages, commissions, income, pensions, stock, stock options, retirement benefits, or other employee benefits resulting from the personal services or labor of either Party shall be and remain the sole and separate property of the earning Party, and each Party voluntarily relinquishes any interest in such property of the other.
9. The Parties anticipate that such earnings may be used for joint household expenses or other joint purposes. Such use shall not be construed to imply joint ownership of the earnings.
ARTICLE III. DEBTS AND LIABILITIES
10. The Parties affirm that this Agreement will govern the determination of responsibility for debts in the event the Parties separate or upon the death of a Party.
11. Except as otherwise provided in this Agreement, any debt or obligation incurred by either Party prior to the domestic partnership shall remain the separate debt of, and be owed solely by, the Party who originally incurred it. Each Party shall indemnify and hold the other harmless from such separate debts.
12. All future jointly acquired or jointly held debts, and the currently shared debt described below, however and whenever incurred, will be owed by both Parties and treated as shared debts (the "Shared Debts"):
-- ________
13. In the event the Parties separate or upon the death of a Party, all Shared Debts will be deemed the equal responsibility of both Parties, and each Party will be responsible for fifty percent (50%) of the Shared Debts, unless the Parties have agreed otherwise in a writing signed by both Parties.
ARTICLE IV. SHARED RESIDENCE
14. The Parties intend that the residence to be shared by the Parties, leased or held in the name(s) of ________, is located at the following address:
________
15. The lease or ownership of such residence shall be affected by this Agreement in the following manner:
-- ________
16. The expenses associated with the maintenance of the residence shall be paid as follows:
-- Rental or mortgage payments shall be made by ________.
ARTICLE V. JOINT EXPENSES
17. Each Party agrees to contribute toward the joint expenses in the following proportion: ________.
18. Joint expenses include the following:
-- ________
19. Nothing in this Agreement shall limit the obligation of each Party to contribute such further amounts as are reasonable and necessary from time to time for the above purposes.
ARTICLE VI. CHILDREN
20. The Parties acknowledge that the provisions of this Article relating to custody, parenting time, and the support of minor children are subject to, and may be modified by, a court of competent jurisdiction in accordance with the best interests of the child, and that the Parties cannot by private agreement bind a court with respect to child custody or child support.
21. ________ has the following child from a previous relationship:
________, born on ________
22. ________ has the following child from a previous relationship:
________, born on ________
23. ________ and ________ have the following child together:
________, born on ________
24. ________, for so long as in a domestic partnership with ________, shall provide a home and reasonable support for the health, education, maintenance, and support of ________'s dependent child from a previous relationship, without thereby establishing any legal obligation to continue such support upon separation or dissolution of the partnership and without assuming the status of legal parent.
25. ________, for so long as in a domestic partnership with ________, shall provide a home and reasonable support for the health, education, maintenance, and support of ________'s dependent child from a previous relationship, without thereby establishing any legal obligation to continue such support upon separation or dissolution of the partnership and without assuming the status of legal parent.
26. In the event the Parties separate, ________ will retain sole physical and legal custody of their child from a previous relationship, subject to the rights of any other legal parent and to any order of a court of competent jurisdiction.
27. In the event the Parties separate, ________ will retain sole physical and legal custody of their child from a previous relationship, subject to the rights of any other legal parent and to any order of a court of competent jurisdiction.
28. In the event the Parties separate, the Parties agree, subject to the approval of a court of competent jurisdiction and the best interests of the child, that any child born of their relationship will reside with both parents under a shared parenting arrangement.
29. In the event the Parties separate, the Parties agree to the following visitation and parenting-time schedule, subject to modification by a court of competent jurisdiction:
a. Regular Visitation Schedule:
________
b. Vacation and Holiday Schedule:
________
30. In the event the Parties separate, the Parties intend to share joint legal custody of any child born of their relationship, with both parents having the right and responsibility to make decisions regarding the welfare, education, and health of the child in the child's best interests, subject in all respects to the order of a court of competent jurisdiction.
ARTICLE VII. ESTATES AND TESTAMENTARY DISPOSITION
31. Nothing in this Agreement will limit or affect any right that each Party may acquire as a domestic partner or surviving domestic partner in the property, assets, or estate of the other Party.
32. Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will, trust, beneficiary designation, or other testamentary or non-probate disposition.
ARTICLE VIII. SPOUSAL AND PARTNER SUPPORT
33. Except as otherwise expressly provided in this Agreement or as required by law, each Party waives, releases, and relinquishes any and all claims against the other Party for partner support, palimony, maintenance, or any equitable claim arising out of the domestic partnership upon its termination, to the fullest extent permitted by applicable law.
ARTICLE IX. DISPUTE RESOLUTION
34. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or alleged invalidity thereof, the Parties agree first to attempt to resolve the matter through good-faith negotiation. If the Parties are unable to resolve the dispute through negotiation, they agree to submit the matter to mediation administered in ________, and, failing resolution through mediation, to binding arbitration administered in accordance with the rules of ________ and the laws of the State of ________, before resorting to litigation; provided, however, that matters concerning the custody, support, or welfare of a minor child shall be reserved to the exclusive jurisdiction of a court of competent jurisdiction.
ARTICLE X. SEVERABILITY
35. In the event that any provision of this Agreement is held to be invalid, illegal, or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal, and enforceable as though the invalid, illegal, or unenforceable parts had not been included in this Agreement.
ARTICLE XI. WAIVER
36. The waiver by either Party of a breach, default, delay, or omission of any provision of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or any other provision. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the Party against whom it is sought to be enforced.
ARTICLE XII. FURTHER DOCUMENTATION
37. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
ARTICLE XIII. TITLES AND HEADINGS
38. The headings of this Agreement form no part of it and have been inserted for convenience of reference only.
ARTICLE XIV. GOVERNING LAW
39. The laws of the State of ________, without regard to its conflict-of-laws principles, will govern the interpretation of this Agreement and the status, ownership, and division of property between the Parties, wherever either or both of them may from time to time reside.
ARTICLE XV. TERMINATION OR AMENDMENT
40. This Agreement may be terminated or amended only by a writing signed by both Parties.
ARTICLE XVI. ENTIRE AGREEMENT
41. This Agreement, together with any exhibits and schedules attached hereto, constitutes the entire agreement and understanding between the Parties and supersedes all prior communications, contracts, representations, or agreements between the Parties with respect to the subject matter hereof, whether oral or written.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date.
SIGNED by ________:
_________________________________
________, Domestic Partner
____________________
DATE: ________
In the presence of:
_________________________________
WITNESS — Name: ________
Address: ________
SIGNED by ________:
_________________________________
________, Domestic Partner
____________________
DATE: ________
In the presence of:
_________________________________
WITNESS — Name: ________
Address: ________
ACKNOWLEDGMENT
State of ________
County of ________
On this ________, before me, the undersigned notary public, personally appeared ________ and ________, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same voluntarily for the purposes therein stated.
_________________________________
Notary Public: ________
My commission expires: ________
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