Domestic Partnerships

Florida Domestic Partnership Lawyers

No. Domestic partnerships and cohabitation is not only for gay, lesbian, bisexual, and transsexual relationships. There are heterosexual couples that consider themselves a family or heterosexual couples who cohabitate for reasons that have nothing to do with alternate lifestyles or sexual issues. For these people, a domestic partnership agreement or cohabitation agreement can be helpful in setting out the participants' rights, responsibilities, duties, obligations etc. If the quid pro quo is sexual, the agreement may not be enforceable in court proceedings, but otherwise is should be enforceable under contract law, if not family law.

Are domestic partnerships legal in Florida?

Yes, unless the proposed constitutional amendment #2 passes. In fact, in Miami-Dade and Broward counties, domestic partners may register their partnership with the clerk of court for official recognition. However, the proposed amendment#2 on the November 4, 2008 ballot that would take away that entitlement. The amendment reads as follows:

NO. 2

CONSTITUTIONAL AMENDMENT

ARTICLE I, NEW SECTION

Florida Marriage Protection Amendment

This amendment protects marriage as the legal union of only one man and one woman as husband and wife and provides that no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

The direct financial impact this amendment will have on state and local government revenues and expenditures cannot be determined, but is expected to be minor.

By including the phrase “or the substantial equivalent thereof, the amendment would deny domestic partners the right to register or record their partnership and deny them the right to domestic partner benefits from a partner's employment benefits.

Regardless of whether the domestic partnership is between two people of the same or different sexes, the domestic partnership would be prohibited. There are heterosexual men and women who consider themselves domestic partners because, for varied reasons, they do not want to marry. Employers who afford benefits to either kind of domestic partners of their employees may refuse or be barred from continuing to recognize the domestic partnerships.

Thus, if a sufficient number of voters vote NO against the amendment, both heterosexual and homosexual domestic partnerships may continue in the State of Florida and the information below would apply.

What does a domestic partnership agreement do?

The domestic partnership agreement is the equivalent of a pre-nuptial agreement or a marital settlement agreement. It sets out each party's rights and responsibilities in regard to whatever issues are of concern to the parties. If these things are memorialized in a formally executed legal document, disagreements are reduced in the event that the partnership were to come to an end. Just as a husband and wife in a heterosexual marriage details the division of assets and liabilities, support, and whatever other issues may be particular to the couple. It can even specify who would get the family pet if the parties split up.

Examples of things that the Domestic Partnership Agreement may do are listed here, but this list is only a sampling of topics that can be covered in the agreement:

Clarify the parties' respective responsibilities during the lifetime of the partnership, such as who is responsible to pay which bills;

Establish how property is to be titled when purchased during the partnership;

Establish whether ownership will be affected by contributions to the expenses incurred for property owned by the other partner;

Establish whether partners' funds will be pooled or held individually;

Specify how assets and liabilities are to be distributed in the event that the partnership were dissolved

If the amendment is passed, how can domestic partners protect themselves?

The amendment would eliminate the right to record or register the domestic partnership so that it would be recognized as a legal entity. If the amendment were to pass, a domestic partnership can still be established with a domestic partnership agreement or cohabitation agreement, but it does not create a legally recognized family. So long as the rights and obligations in the agreement are not based on sexual favors, it should be an enforceable legal contract under contract law. An attorney can best assist you in drafting an agreement that protects both partners and would be enforceable in the event of a dissolution of the partnership or death of a partner.

Do all domestic partnerships need formal domestic partnership agreements?

No. Generally, it would be wise to have an agreement when the couple owns property or has debts and want to clarify and fix how the ownership and obligations would be divided between the parties. However, there are ways to establish each person's interest in assets and debts by how title is held, and that would be true even without declaring the relationship as a domestic partnership. When you meet with the lawyer, you can discuss the various ways to hold title to real estate and other assets so that distribution upon dissolution of the partnership or upon the death of one of the parties, there is certainty as to the disposition.

What other documents are recommended for domestic partnerships?

It is essential that both parties to a domestic partnership execute legal life-planning documents that give rights and authority to the partner that the partner would not have without that protection. For example, the advance directive that designates a health care surrogate protects both partners so that if one is unable to make health decisions for himself or herself, the other party has the legal authority to do so, and that partner by family members. Along that line, but for a different stage of disability, the living will sets out what one partner wants for end-of-life decisions and designates who is to see that the person's wishes are kept. As for finances, a power of attorney would authorize one partner to handle the other's finances under certain circumstances. It is also imperative to remember that when signing HIPAA releases to designate who may receive information from your health care providers, you can include or exclude whomever you wish, and the doctors are legally required to abide by that designation.

For more information and to have any of these documents prepared for you, feel free to call or write to our offices to schedule an appointment with the attorney.

When meeting with the attorney, it is important to remember that the attorney cannot represent both parties to a contract or agreement. It is ethically prohibited to represent both parties to a contract.
 
Contact our Miami office at 305.914.5677 for experienced, compassionate, and discreet representation. In your free consultation, we will explain the process, discuss your options, and estimate your costs