California Domestic Partnership Basics Webinar - Heath Newton LLP
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California Domestic Partnership Basics Webinar - Heath Newton LLP

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We are pleased to announce that we are hosting a webinar on the topic of California Registered Domestic Partners. Terrance Heath, our resident expert on same sex marriages and domestic partnerships ...

We are pleased to announce that we are hosting a webinar on the topic of California Registered Domestic Partners. Terrance Heath, our resident expert on same sex marriages and domestic partnerships will provide an overview covering the essentials for anybody considering entering or exiting a domestic partnership. Presented by Heath-Newton LLP, a family law firm based in San Francisco.

What you will learn:

• The legal differences between marriage and domestic partnership;
• Your rights and obligations as a domestic partner;
• Challenges presented by the federal government and how to protect yourself;
• How to get in, and how to get out of a domestic partnership;
• The status of gay marriage in California.

You'll find this useful if you:
- wish to enter a legally recognized relationship with life partner;
- wish to sever a legally recognized relationship with life partner;
- wonder whether their relationship with their life partner is legally recognized;
- are a member of the LGBT community who wish to know more about long term legally recognized relationship.

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 California Domestic Partnership Basics Webinar - Heath Newton LLP California Domestic Partnership Basics Webinar - Heath Newton LLP Presentation Transcript

  • CALIFORNIA DOMESTIC PARTNERSHIP BASICS and what does it mean for me? Presented by Terrance C. Heath Heath-Newton LLP 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Overview of Topics 1. Domestic Partnership: What is it? 2. What is a California Registered Domestic Partnership? 3. Status of the Marriage Equality in California. 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Commonly asked questions about California Registered Domestic Partnerships      What is domestic partnership? Registration of the domestic partnership Local vs State registry marriage rights to same-sex couples What’s a “civil union”? Compare: Common-Law Marriage 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • What is Domestic Partnership?  “Intimate, committed relationship of mutual caring”  Live together  A “partnership” exists: mutual responsibility for each other 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Registration of the domestic partnership  Gives the partners rights  Either in local (city or county) or state  Registration of a domestic partnership may impose responsibilities between the spouses. 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Local vs State registry marriage rights to same-sex couples  Registration In the California State registry gives marriage rights to same-sex couples  Local registration DOES NOT  Benefits of local domestic-partnership registration are usually only limited to:   Participation by one partner in the employee benefits of the other (as long as they are offered to domestic partners) May be evidence supporting an agreement by the partners to be financially responsible for each other. 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • What’s a “civil union”?  “A legal relationship between people that is formally recognized by a government body such to confer rights and responsibilities upon those in the relationship.”  A marriage formalized in accordance to state law is a type of civil union.  Similarly, a domestic partnership solemnized in accordance with state law is also a type of civil union.  Conversely, a marriage formalized only by a religious body (e.g., a church) is NOT a civil union. It is a “religious union.” 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Compare: Common-Law Marriage  California residents cannot enter into common-law marriages  California will recognize valid common-law marriages from other states  Marriage rights are not created by simply being in a domestic partnership. The domestic partnership MUST BE REGISTERED. 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • What is a California Registered Domestic Partnership?  The State of California treats it no differently than a marriage. “Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or other provisions or sources of law, as are granted to and imposed upon spouses.”  (California Family Code § 297.5) 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • What is a California Registered Domestic Partnership?  The State of California defines domestic partners as “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual sharing.”  (California Family Code § 297(a)) 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • What is a California Registered Domestic Partnership?  Who can register their domestic partnership in the state registry?  Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.  The two persons are not related by blood in a way that would prevent them from being married to each other in the state.  Both persons are at least 18 years of age (or permitted to marry by court order).  These first three qualifications are consistent with the qualifications for marriage in California. 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • What is a California Registered Domestic Partnership?  Either:  Both persons are members of the same sex; OR  One or both of the persons are eligible for Social Security benefits based on age  (either 42 USC § 402(a) or § 1381).  Law is clear: “…persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over 62 years of age.”  (California Family Code § 297(b)) 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Registered Domestic Partners have the same rights as married spouses under California law. These include, but are not limited to:  Community-property rights  Succession rights at death  Legal parentage rights over children born of the marriage/domestic partnership  Claims for damages due to the death or injury of a spouse/registered domestic partner  Use of the California Family Code upon dissolution of the partnership  Registered Domestic Partners must get ‘divorced’ like married couples  Determination of property rights and distribution of property  Spousal support  Use of the family court to resolve disputes and adjudicate dissolution 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Registered Domestic Partners have the same rights as married spouses under California law. • And of course, with rights come responsibilities —to their partners and to the children to whom they are legal parents 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Registered Domestic Partners have the same rights as married spouses under California law.  Registered Domestic Partners must get “divorced” like married couples.  And of course, with rights come responsibilities—to their partners and to the children to which they are legal parents 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Registered Domestic Partnership does not give you:  Any of the federal rights afforded married people  Protections under federal law governing pensions and employee benefits  Social Security  Internal Revenue Code  Family Medical Leave Act  NOT PORTABLE: Other states, countries and the federal government do not recognize Registered Domestic Partnership as marriage (although it is conceivable that any could). 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Under California state law, the difference between marriage and registered domestic partnership lies in how each is entered into. COMPARE: To become married in California, there must be:  Consent between the two parties: only a man and a woman over eighteen years of age may consent to marriage; a court order is required of men and women under eighteen; samesex couples may not marry in California.  A license to marry issued by the County Clerk in accordance with law. Marriage records are maintained by the County Clerk.  “Solemnization” of the marriage by an officiant authorized by law. 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Under California state law, the difference between marriage and registered domestic partnership lies in how each is entered into. COMPARE:  Entry into the state registry is easy and requires no ceremony:  No license required.  No solemnization required.  Only consent between the parties:  Entry into the registry requires completion and notarization of form, which can be downloaded from the California Secretary of State website: Form NP/SF DP-1 http://www.sos.ca.gov/dpregistry/. Once completed and notarized, it must be mailed to the California Secretary of State. The domestic partnership registry is maintained by the state. 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Status of the same-sex marriage in California:  In the hands of the US Supreme Court  Validity of Prop 8: Hollingsworth v. Perry  Defense of Marriage Act (DOMA): US v. Windsor 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Should you enter into a California Registered Domestic Partnership?  Outcome of US Supreme Court cases  Benefits versus Burdens  Legal benefits and the cost of work-arounds  Responsibilities  Taxes  The Emotional Decision  At the end of the day, Registered Domestic Partnership is not Marriage. 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp
  • Thank You 240 Stockton Street, Suite 300 San Francisco, CA 94108 (415) 398.1290 • info@heathnewton.com  HeathNewton.com • twitter: @heathnewtonllp