Domestic partnerships began with the efforts of LGBTQ+ to provide same-sex unions with a status similar to marriage, asserting the right against discrimination as the main contention. California was the first state to actively push the realization of this measure into an ordinance.
What was intended for same-sex unions later became an option for opposite-sex unions who feared the oppression most women suffered in marriage but was initially open only to those who were 62 years old and older. Today, that restriction has been lifted and applies to those 18 and older.
If you are at a point of choosing between domestic partnership vs. marriage in California, weigh the pros and cons to ensure you make the best decision for your relationship. Understanding the requirements and process for marriage and domestic partnerships is essential to making an informed decision, along with the potential changes in legislation that may affect domestic partnerships and marriages in the future.
Legal Rights and Protections
Marriage:
Marriage under California law still allows couples to access various legal benefits and protections unavailable to domestic partners. For starters, married couples can decide for their spouse in medical emergencies, ensuring their wishes are respected in times of illness or incapacity.
Marriage also provides automatic inheritance rights, meaning you are entitled to receive a portion of the estate in the event of your partner’s passing. Married couples enjoy tax benefits resulting from filing joint taxes, alleviating their overall tax burden.
Another distinct advantage of marriage over domestic partnerships is that people contracting marriage may draw a prenuptial agreement, which is impossible for domestic partnerships.
Domestic Partnerships:
Domestic partnerships allow couples to enjoy the right to inheritance, family, and medical leave. The benefits from one another’s health, pension, and insurance as beneficiaries are also in place. However, this may not be recognized in other jurisdictions outside of California.
The recognition of this union does not extend to the rights afforded to married couples regarding social security benefits, immigration issues, joint tax filing, and entering into pre-nuptial agreements.
The right to co-adopt children and legal guardianship is also recognized under domestic partnership in California.
Financial Implications and Tax Benefits
While it seems that domestic partnerships are given the same privileges as marriages, there are differences, such as that marriages extend the ability for couples to file their taxes jointly, resulting in a lower tax liability. Married couples in California also enjoy further tax credits, including the Child and Dependent Care Credit or Earned Income Tax Credit.
The marriage tax penalty does not cover domestic partnerships, making it easier for them to file their individual taxes. Marriages allow partners to access their spouse’s social security, health care, and retirement plans. This is not so for domestic partners, who can only enjoy the health benefits.
Social and Cultural Perceptions
There is a continuing evolution in today’s social and cultural perceptions in the campaign towards embracing diversity as part of the global shift. It’s not necessarily forsaking traditions, modifications, and innovations as an option for people who wish to express their love and commitment irrespective of gender or sexual orientation.
The boundaries of legal rights and acceptance are now made available to those who need and seek changes in the arrangement of their unions as a couple, for as long as they respect the jurisdiction of every state on the matter. While they cannot force everyone to accept them, they must choose the states that acknowledge domestic partnerships.
Requirements and Processes for Domestic Partnership and Marriage and their Dissolutions
The process for establishing a domestic partnership in California includes specific requirements.
Both partners must be at least 18 years old and not in partnership or married to each other at the time of filing for a Declaration of Domestic Partnership. They should also attest to willingly sharing the cost of living together, apart from sharing the same residence. More importantly, they must not be blood relatives.
An application form must be completed and submitted along with payment for the prescribed fee. A review of the application will be done, and once approved, a Certificate of Domestic Partnership will be issued.
Dissolving a domestic partnership is much easier than that of a marriage. If both parties agree and have complied with the conditions of California Family Code Section 299, they can file a notice of termination of the partnership with the Secretary of State. Unless the termination requires the higher court’s intervention, the same will be deemed effective within sixty (60) days from the filing date.
Considerations for Future Changes in Legislation
As we evaluate the current state of legislation, it is critical to anticipate and consider issues that may influence changes in the future. The ever-changing nature of society, technology, and global concerns needs continuous examination of legal frameworks to guarantee they remain relevant, just, and successful.
The reality of changes in legislation must always be considered. That is why you need to be updated on provisions to be introduced that may modify or affect your union, requiring an alternative to ensure that your relationship is legally protected. Consult your lawyer immediately about the impact of these changes on your situation.
Conclusion
Before deciding on marriage or domestic partnership in California, you must diligently look into both unions’ legal, financial, and societal implications. Understanding the requirements, process, and dissolution for domestic partnership and marriage is essential for making an informed choice.
Staying informed about potential changes in legislation can help you plan for the future. Deciding between a domestic partnership and marriage is personal, depending on your circumstances and priorities.
