What is a “domestic partnership” and who is eligible to form one?
Domestic partnership” is a marriage-like legal status created by the WA legislature in 2007. Domestic partnerships may be formed by same sex couples and by different sex couples if at least one of them is 62 or older. The legislative intent was to provide a legal framework for committed same-sex relationships because under other state law, these couples are not eligible for marriage. The purpose of enabling retirement age couples this status is to allow for marriage-like legal rights and responsibilities without resulting in cessation of social security and pension rights that are often lost or reduced if the beneficiary marries during retirement. RCW 26.60.010.
Note: The Washington domestic Partnership Act is slated to be on the ballot as a voter initiative, to rescind the Act. Interested persons should update themselves through the WA legislative website.
How is a domestic partnership created?
Domestic partnerships are created by a couple registering the partnership with the Washington Secretary of State using forms created by the Secretary. RCW 43.07.400.
Can domestic partnerships be dissolved without court intervention?
Yes, if certain conditions are met. RCW 26.60.055. The conditions include that the couple owns no real estate, the partnership was registered less than five years, the partners do not have debt in excess of $4,000 (as adjusted every other year) and the “community property” assets (also adjusted every other year) do not exceed $25,000, neither partner is pregnant, has dependent children or seeks maintenance and the partners have both signed and registered a notice of termination.
How are domestic partnerships dissolved if the “termination conditions” are not met?
If either partner wants the court to intervene, or if voluntary termination “conditions” are not met, the partnership will be terminated by the court on petition of either party. The court would resolve all issues the parties themselves cannot agree upon, applying the court’s basic trial and other procedure and law applicable to divorce. RCW 26.60.055 and 26.09.
What are the rights of people in committed relationships that have not been registered as a “domestic partnership”?
Different and same sex couples who are terminating a stable, long term relationship may petition the court to decide how their joint property and debts should be divided. Spousal maintenance is not available to unmarried parties who are not state-registered partners. Either parent of a child, regardless of whether they have ever lived together, may petition the court to determine the child’s support and contact with each parent. The court will apply the same rules to child issues as it does to married couples seeking divorce. In general, property issues will be determined as though the couple had been married during the time they lived together.