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Domestic Partnership Agreements

By Christopher Vaughn-Martel

A Domestic Partnership Agreement (DPA) is a contract between two persons which describes how property and assets are owned, how finances are held and managed, and how any property should be divided in the event that it becomes necessary (much like a Prenuptial Agreement). A DPA can help prevent disagreements about property and finances before they arise by encouraging communication and understanding between the parties. In the event of break up or the death of a party, a DPA can greatly ease the division and distribution of property.

Same-sex couples who choose to become married in Massachusetts are automatically subject to the well-established laws and principals governing marriage, including dissolution, property ownership and division, spousal financial support, etc. But for those couples who either choose not to be married or are unable to marry in their state, these "default" set of marriage rules do not apply.

Couples should consider creating a DPA which sets out, in writing, the intentions and expectations of both parties regarding their relationship. An Agreement of some kind is most important for couples in long-term relationships who will likely mix their assets and property, and who share expenses and other responsibilities. Even couples who find themselves to be completely broke would benefit from a written DPA which sets out how property or income will be handled when it does arrive.

You should have an attorney draft these important Agreements, especially if significant assets are involved or if a disparity exists in income or assets between the parties. A court will not enforce an agreement where one party has taken advantage of the other party, or where one party hides property or assets from the other party. To increase the chances that a court will enforce your agreement, each party should have the DPA reviewed by his or her own attorney, and a full disclosure of assets and liabilities should be made.

Full post as published by Massachusetts Gay and Lesbian Legal Briefs on January 09, 2008 (boomark / email).