North Carolina Domestic Partnerships

RALEIGH, NC, September 04, 2012

A domestic partnership in North Carolina is a contractual relationship between an unmarried couple that controls each other's rights and responsibilities toward the other. A domestic partnership agreement is similar to a prenuptial agreement or a separation agreement.

North Carolina courts continue to recognize domestic partnership agreements as contracts. The validity of a domestic partnership was not changed by the passage of Amendment One.

Do My Partner And I Need A Domestic Partnership Agreement?

There is no legal requirement that same-sex or unmarried couples enter into a domestic partnership agreement (DPA) in North Carolina, or in any state for that matter. Whether a DPA is appropriate and necessary is something partners should discuss with each other as well as with a family law attorney in your area.

In the event that the relationship does not work out, a domestic partnership agreement can protect each person's rights and assets and provide a framework for dissolving a same-sex relationship in the absence of a divorce process for gay and lesbian couples.

For couples who remain together until death do them part, a domestic partnership agreement can ensure that same-sex partners have the legal ability to provide for the care and support of the other if he or she becomes incapacitated or dies.

What Does A Domestic Partnership Cover?
A domestic partnership agreement can be as expansive or as limited as partners desire it to be. Typical issues covered in a DPA include:

- An inventory of the assets of each partner
- An inventory of comingled assets
- Provision for the custody and care of children
- Authority of one partner to handle the affairs of the other partner in case of incapacity or death

Additional documents may be necessary along with the domestic partnership agreement such as a health care power of attorney, durable power of attorney for finances, a last will and testament.

Does A Domestic Partnership Last Forever?

Contracts can generally be modified or terminated by agreement of the parties. If circumstances change to the point that an existing domestic partnership agreement no longer adequately addresses a same-sex couple's legal needs, it can be amended. If a relationship ends, the domestic partnership agreement may be cancelled by agreement of each partner as well. A family law attorney with knowledge of drafting, modifying and enforcing domestic partnerships can help ensure that the DPA correctly expresses what has been agreed to in a same-sex relationship.

Attorney Ashley Oldham of Roberts Law Group, PLLC focuses her practice on the representation of individuals, same-sex couples and unmarried couples who are dealing with complex family law issues, including divorce, domestic partnerships, child custody, child support and equitable distribution. Visit our web site at www.robertsfamilylawteam.com to learn more.

Roberts Law Group, PLLC
203 W. Millbrook Road
Raleigh NC 27609