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Domestic Partnership Agreements FAQs

Domestic partnership agreements are unique situations that offer a variety of benefits. This list of domestic partnership agreements FAQs will help you determine whether a domestic partnership is the right choice for you.

Q: What is the difference between a domestic partnership agreement (DPA) and a prenuptial agreement?

A: A prenuptial agreement is a document two people draft when they plan to marry. A domestic partnership is designed for individuals who do not plan to legally marry. While many of these partnerships came about when same-sex marriage was not legal, opposite-sex couples also consider these agreements.

Q: Does California recognize DPAs?

A: Yes. Since 1999, California has recognized that a domestic partnership agreement enforces the same rights and responsibilities as a legal agreement.

Q: What are the benefits of a legally binding agreement?

A: First of all, a domestic partnership allows flexibility and the benefits of tying two lives together without a marriage. This makes it easier to transfer property or plan for financial security in the future. Partners also benefit from being on each other's health insurance. With the uncertainty of the future on the horizon, it is important to begin planning early. A legal agreement can help document a commitment, especially in the case of a dispute later on.

Q: What are the disadvantages of a legally binding DPA?

A: Without a proper DPA that is written clearly, the document could cause some confusion. Additionally, a poor agreement can encourage one of the parties to consider litigation.

Q: Can a domestic partnership agreement help with medical-related issues?

A: Partners who are unmarried are not automatically granted the right to make medical-based decisions. Advanced directives and domestic partnership agreements are the solution to this problem. It is wise to ensure that your DPA is drafted to allow for the best coverage possible. Otherwise, a family member may be asked to make these crucial decisions.

Are you interested in a domestic partnership agreement? Contact us to learn more about your options.

Categories: Estate Planning
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