Domestic Partnership Agreements
On July 11, 2004, the State of New Jersey passed the Domestic Partnership Act. With registration, certain rights are provided to Domestic Partners. However, many other rights are available to domestic partners if they have a formalized agreement.In order to register, domestic partners must have proof of their co-habitation and proof of their joint financial arrangement. Same sex couples must be at least 18 years of age. Opposite sex couples must be at least 62 years of age. They cannot have been in a domestic partnership during the previous six months. Upon the payment of a fee and the signing of an affidavit, a Certificate of Domestic Partnership will be issued.
After registering, domestic partners will have recognition. Domestic partners can, in the state of New Jersey, share state employer health benefits and pension benefits when of the same sex and unable to marry. One partner will be able to claim their partner as a dependent on their state income tax return if the partner is not filing a separate return. They will be exempt from state taxes on inheritance transfers. Registration provides a legal mechanism to dissolve the partnership through a formal agreement. And hospital visitation and medical decision making powers are granted through registration.
However, many rights are not protected without a formal agreement. If one partner dies without a will, the other partner does not automatically inherit. An agreement is needed to state the terms of the termination of the partnership. And upon termination, an agreement is needed to protect alimony, the division of property such as real estate, bank accounts, stock accounts and automobiles. Agreements can also lay out responsibility for debt acquired during the partnership. Mediation is the best place for these agreements to be created.
To explore your options through mediation, call 856-429-8088 or 856-853-5855 and make an appointment at SOUTH JERSEY MEDIATION CENTER.
