Affidavit of Domestic Partnership

Affidavit of domestic partnership

When it comes to domestic partnerships, there are times when the partners are required to sign an affidavit declaring their relationship. This is most often seen with partnership registration and benefit plans.

In essence, one of the predominant requests for these affidavits will come from an employer or insurance carrier. This is usually requested in hopes of reducing chances of fraud, although signing the affidavit doesn’t provide a guarantee.

When affidavits are required, there are often provisions that are based upon equal treatment with their married counterparts, while other provisions not only cross over into confidential (and unnecessary) information and even unequal treatment.

For instance:

  • Generally acceptable provisions: Declaring that neither party is married, both are over 18 years of age, both are mentally competent to consent contract when their domestic partnership began and they are the sole domestic partners of each other and have no other domestic partners.
  • Provisions crossing over into private information: Declaring that they share the common necessities of life and are responsible for each other’s welfare, requiring to sign under penalty of perjury as being true and correct, they reside together, they intend to remain together indefinitely, and they are not related by blood (in excess of what would be required for marriage in the state).
  • Generally unacceptable provisions: Being required to state how long they have been domestic partners.

It is important to review your local and state laws and rules related to affidavits as there can be significant differences from city to city.

Here is an example of a generic and simple Declaration of Domestic Partnership that is drafted to protect the couple’s’ other relationship documents that define their financial and living arrangements.

Declaration of domestic partnership

We certify and declare that we are in a domestic partner relationship, and that we are each other’s sole domestic partner. We are engaged in a committed relationship, and we are:

  • At least 18, and mentally competent to consent to a civil contract; and
  • Not acting under force or duress; and
  • Not married to, or legally separated from, any other person, and
  • Not in another domestic partnership.

We affirm, under penalty of perjury, that the statements in this Declaration are true and correct.

Employee: _______________________________ Date: ________

Printed name: ____________________________ Date of Birth: ________

Address: ____________________________________________

Domestic partner: _______________________________ Date: ________

Printed name: ____________________________ Date of Birth: ________

Address: ____________________________________________

Additionally, here is an example of a generic Declaration of the Termination of a Domestic Partnership:

Declaration of termination of domestic partnership

I certify and declare that I am no longer in a domestic partner relationship.

I affirm, under penalty of perjury, that the above statement is true and correct.

Employee: ________________________________ Date: ________

Printed name: _________________________

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