Domestic partnership
From The Art and Popular Culture Encyclopedia
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A domestic partnership is a legal or interpersonal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union. In some jurisdictions, such as Australia, New Zealand, the American states of Oregon, Washington, Nevada, and California, a domestic partnership is almost equivalent to marriage, or to other legally recognized same-sex or different-sex unions, while in other jurisdictions such as the American states of Wisconsin and Maine, domestic partnerships may confer lesser relationship rights than other jurisdictions' civil unions and more than de facto cohabitation. The terminology for such unions is still evolving, and the exact level of rights and responsibilities conferred by a domestic partnership varies widely from place to place.
Some legislatures have voluntarily established domestic partnership relations by statute instead of being ordered to do so by a court. Although some jurisdictions have instituted domestic partnerships as a way to recognize same-sex unions, domestic partnerships may involve either different-sex or same-sex couples.
In some legal jurisdictions, domestic partners who live together for an extended period of time but are not legally entitled to common-law marriage may be entitled to legal protection in the form of a domestic partnership. Some domestic partners may enter into domestic partnership agreements in order to agree contractually to issues involving property ownership, support obligations, and similar issues common to marriage. (See effects of marriage and palimony.) Beyond agreements, registration of relationships in domestic partnership registries allow for the jurisdiction to formally acknowledge such agreements as valid relationships with limited rights, although agreements and registries have often been legalized in separate legislation.
One of the purposes of domestic partnership relation is to recognize the contribution of one partner to the property of the other. In the common law, devices such as the constructive trust are available to protect spouses in legal or common-law marriages. In civil law jurisdictions, such trusts are generally not available, prompting courts to find alternative ways to protect the partner who contributes to the other's property.
