Registered domestic partners in California will have many new rights and responsibilities under AB 205, the new domestic partner law that took effect on January 1, 2005.
Under AB 205, registered domestic partners are now entitled to the same legal treatment as spouses in most areas of state law: Community property laws apply, and a lower-earning partner will have the right to seek support from the higher earner after a breakup. Partners will be responsible for each other's debts, and in most circumstances will have to use the court system to terminate their partnership, rather than simply filing a termination notice. Children born into a domestic partnership will be considered the children of both partners, although legal experts believe that it's still prudent to complete a domestic partner adoption, as parental rights may not be recognized outside of California without a court judgment. And except for the parentage rule, the new law is retroactive to the date of registration -- so property acquired after registration but before January 1, 2005 is subject to community property laws unless the partners agree otherwise in writing (see below).
This is only a partial list of the rights and obligations created by AB 205. It's important to remember that this is a state law, and that the federal government does not recognize domestic partnerships. Domestic partners are not entitled to their partners' Social Security benefits or to any other federal benefits that married couples get. Domestic partners cannot file either state or federal tax returns jointly. Also, a domestic partnership in California won't be recognized in most other states, so partners won't necessarily get the rights they are entitled to under California law when they move to a different state.
California registered domestic partners who want to make their own agreements about the structure of their relationship, rather than accepting the marriage model in its entirety, can do so with a pre-partnership agreement. Two Nolo products, used together, can help domestic partners decide whether they need an agreement, and begin the process of drafting one: Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Katherine E. Stoner and Shae Irving, and Prenups for Partners: Essential Agreements for California Domestic Partners, an eGuide by Katherine E. Stoner.
Effective date:
Jan. 01, 2005
This update affects these Nolo products:
