What is Domestic Partnership Agreement Drafting?
A domestic partnership agreement is a private contract for unmarried couples who are cohabiting. It specifies various aspects of their relationship for clarity, such as how they will handle their finances and real estate property to prevent disputes.
If you need to draft a domestic partnership agreement, the rest of this article will help you. Explore key terms to include in it, how to draft it, and why you should consider hiring a qualified lawyer to draft it for you.
What are Core Components in a Domestic Partnership Agreement?
A domestic partnership agreement usually contains the following information:
- Partnership. For clarity, specify the parties involved and state that they share a household.
- Asset ownership. Explain which party owns the property and other assets, and what assets are shared or separately owned.
- Shared expenses. Outline how bills are shared, such as for rent and food. Include information about debts and which party is responsible for paying them.
- Partner support. Explain if one partner will financially support the other if the relationship ends.
- Children. If parties have children, specify how the children will be cared for to ensure their wellbeing. Include child visitation and custody requirements if parties separate.
- Termination. Explain what conditions can terminate the agreement, such as mutual written consent.
- Dispute resolution. If parties disagree and can’t reach a resolution, you should specify what dispute-resolution method will be used, such as mediation or arbitration, to keep disputes out of court.
How Do You Draft a Domestic Partnership Agreement?
When drafting a domestic partnership agreement, you’ll have to gather research, provide financial transparency, and include specific details to help both parties. Here are some drafting tips to bear in mind.
Explain Living Expenses
Clarify how everyday expenses, such as for gas and food, will be divided between parties. This could be calculated according to a 50/50 split or by determining both parties’ incomes.
Outline Property Ownership
Make sure that it’s clear what property and assets are individually owned versus what’s shared by both parties. It’s important to specify what happens if one partner finances a property or asset that’s owned by the other to prevent future disputes.
Verify Debt Obligations
It’s important to explain how debts accumulated before or during the domestic relationship are handled. For example, debts should remain the obligation of the person who acquired them. This must be specified to prevent challenges in future.
Mention Maintenance and Support
If one party will provide the other with financial support or maintenance, you should explain the monetary amounts and state for how long this arrangement will be followed.
Consider Medical Decisions
State if parties are authorized to make medical decisions on behalf of each other, such as if one party is incapacitated. It’s important for parties to discuss this and put it in the agreement so that their wishes will be fulfilled should the unthinkable happens.
Should You Hire a Lawyer for Domestic Partnership Agreement Drafting?
While you might not always require a lawyer to draft your domestic partnership agreement, it’s beneficial in various ways. Not only will a lawyer help you to avoid ambiguous wording in the agreement that could put you at risk of disputes, but they’ll also help you in the following ways:
- Clarifying asset ownership. A lawyer will clearly define how assets are owned, such as if they’re separately or jointly owned.
- Allocating financial duties. They’ll specify how expenses and debts will be handed to prevent disputes.
- Protecting your interests. By addressing savings and inheritances, your lawyer will ensure that your financial interests are protected and you reduce your risk of financial losses in the future.
- Considering future separation. If parties separate in future, a lawyer will provide clarity in the agreement on what will happen. They’ll include information regarding how shared property, finances, and other obligations will be handled.
- Providing future clarity. There could be future scenarios that affect the agreement, such as income changes or new property purchases. A lawyer will include information in the agreement for how to navigate them.
- Aligning the agreement with legal requirements. A lawyer will check that the agreement terms reflect all applicable laws and requirements for domestic partnerships.
- Reviewing your agreement. If you’ve drafted a domestic partnership agreement, you can hire a lawyer to conduct a review of it. This will give you peace of mind that all its terms are clear and legally valid.
Where to Find a Lawyer for Domestic Partnership Agreement Drafting?
You don’t have to call traditional law firms in your area to find a lawyer to draft your domestic partnership agreement. An online legal platform can help you to connect with an experienced, reputable lawyer from the comfort of your home.
ContractsCounsel is an online legal marketplace that gives you access to a curated network of vetted lawyers. It’s easy to hire a lawyer for contract drafting. Here are the steps to follow.
- Go to the ContractsCounsel marketplace, where it’s free to post a project.
- Select ‘One-time project’ and ‘Create or update contract.’ Or, select ‘Contract review’ if you’d prefer a lawyer to review your agreement.
- Post your project, or request. Include some details of what you need so you can work with a suitable lawyer.
- Wait for bids. Lawyers directly on the platform will send you bids on your project.
- Review the platform’s lawyer information. You can go through extensive lawyer data provided on the platform, such as their location, years of experience, field of expertise, credentials, and client ratings for previously completed projects on the platform.
- Select a lawyer and hire them to draft your domestic partnership agreement for a flat fee.
