Domestic Partnership Basics in Washington State

What is a Domestic Partnership?

Domestic partnership is a legal relationship that helps protect couples. Couples in a domestic partnership have certain rights and responsibilities similar to what married couples have under the law.
The major differences between marriage and domestic partnerships in Washington State are: A domestic partnership comes into being when two people, who are not married, enter a mutual agreement, file the proper paperwork, and meet the requirements set forth by RCW 26.60.010-360. Unlike marriage , a domestic partnership does not require a ceremonial exchange of vows. Domestic partners have the option to choose a ceremony, just like with marriage. RCW 26.60.130. Domestic partnerships have been allowed since 2007, when the state began authorizing these relationships, although only for same-sex couples. Since 2012, any couple can register as domestic partners, regardless of sex, as long as the marriage is valid in their country or state of residence.

Requirements to enter a Domestic Partnership

In Washington, domestic partnerships are exclusively available to couples in which one or both partners are at least 62 years of age. The parties must meet the following requirements:
• Be at least 62 years of age;
• Have knowledge of and understand the rights, benefits, protections, and responsibilities of marriage, including the rights and responsibilities of domestic partnership; and
• Contain free, full, and informed consent of both parties.
Notably, domestic partnerships do not afford couples the same political or immigration benefits granted by the federal government to married couples.

Legal Rights and Obligations

The domestic partnership statutes also establish general rights and duties that are similar in scope and intent to the law governing marriage. In fact, many of their rights and obligations are nearly identical to those of a married couple. The legal rights and responsibilities granted to domestic partners include:
Regarding community property, the statutes declare that, with some limited exceptions, the same rules governing community property and its division control the property rights of the domestic partners as they apply to married couples. As a result, the assets brought into the relationship are still separate, but the property acquired during the relationship is made up of community and separate property and the management of that property proceeds according to the law governing married people.
Domestic partners who do not wish their property to be community property have the option of making their property separate by executing a legal document as required by the statute. This means that all income, earnings and benefits obtained in a registration-generated domestic partnership may be separate property, unless specifically made community property by an agreement between the partners.
To determine whether property is community or separate, the dates the partners register with the Secretary of State and when a court action to dissolve the partnership, an action to substantially change the economic rights of the partners, or the death of one partner occur are used to determine the date of valuation of property interests. When one of those events occurs – termination of the partnership, change in economic rights or the date of death for purposes of determining the right of survivorship – the property will be divided accordingly.

How to register a Domestic Partnership

To register a domestic partnership, both partners must be at least 18 years of age; be in a committed, registered domestic partnership with a partner of the same gender (unmarried or registered in another jurisdiction); share a common residence in Washington; agree to be responsible for basic living expenses of the other; and submit a signed Declaration of State Registered Domestic Partnership. When two persons meet the above requirements and have filed a Declaration together, they are eligible for certain rights, protections, and benefits equivalent to those granted to married couples.
The Declaration must be signed in front of a notary public by each partner. At this point, the partners must certify that the partnership is not prohibited by law, that they are responsible for their minor children who are jointly or individually dependent on them for support and that this agreement is made in good faith and not for the purpose of evading legal obligations. The partners must also certify that they understand that they have the right to adopt a child, that they are neither legally married to someone else, nor registered as a domestic partner to someone else, and that they are eligible to enter into a marriage or registered domestic partnership in Washington state.
Two certified copies of the Declaration, signed by both partners, must then be delivered to, and filed with, the Secretary of State, with the prescribed fee paid. Once filed, the partners will receive confirmation from the Department of Health that the partnership is officially registered, after which they will have 90 days to apply for a waiver of the 90-day residency requirement. Successful applicants will receive a waiver letter required for verification by domestic licensing offices in other jurisdictions.
After the application is approved and the fee is paid, you can go to your county clerk’s office and request a certified copy of your Declaration.

Ending a Domestic Partnership

Just as there is a process for entering into a domestic partnership, there is a process for terminating a domestic partnership. In Washington, there are two ways in which a domestic partnership can be terminated.
By Dissolution
Similar to a divorce, a domestic partnership may be dissolved as a matter of law by a written agreement of the partners or by a court order. The living arrangements made in the dissolution will be similar to those worked out in a divorce. If an agreement cannot be reached, a trial can be requested. If children are involved, custody arrangements will need to be made. It is important to seek a skilled attorney to assist you and your partner in reaching a settlement regarding your domestic partnership so that the process does not drag on longer than necessary and in order to reach an acceptable arrangement in a timely manner.
By Conciliation
Conciliation is a process that is used to avoid a court action or improver disagreements about the dissolution. Mediation is a form of conciliation . During conciliation, the parties can try to come to an agreement about their differences with the aid of a neutral third party. The difference that conciliators can be more involved than mediators. The relationship of the parties may be reviewed by the conciliation counselor during conciliation to determine the problems of the domestic partnership, possible solutions to the problems, and to help the parties to resolve the issues that are contributing to the conflict.
In some situations, a change in the shape of the family may make it necessary to change a domestic partnership, such as the situation where a partner moves out. Pursuant to Washington law, a domestic partnership that is registered in Washington terminates 90 days after a partner moves from the partnership residence. The notice must be signed by the moving partner and one other person, and must include the state, county, and city of the new residence. It must be filed with the Secretary of State.
If you are involved in a domestic partnership, it is important to understand the process for terminating the domestic partnership.

Benefits to Domestic Partnerships

Domestic Partnerships provide couples with various benefits that are akin to marriage. These benefits can be both legal and practical in nature, covering a broad range of circumstances and needs.
From a legal standpoint, domestic partners are entitled to various rights including hospital visitation, beneficiary options for insurances, tax and property benefit considerations, health care and end-of-life decisions, simplifying matters of estate planning similar to those of a married couple, and more. Seattle Municipal Code 4.04.040 covers the various rights afforded to all domestic partners in the City of Seattle, Washington. It’s important to note that coverage may vary depending on local, state, and federal laws, but in most cases, a domestic partnership extends rights to both partners in varying situations.
Practically speaking, domestic partners may benefit in slightly different ways that may not have the same legal restrictions as others. For instance, the Washington Secretary of State notes the following benefits included with a domestic partnership in Washington: As with any legal classification, there are some caveats to these benefits. It’s important to fully understand them before making any decisions about your future, especially if you have questions about how a domestic partnership might impact your life moving forward.

What’s New – Legal Updates and Trends

Over the past few years, Washington State has witnessed significant changes in policy towards domestic partnerships. These changes, both recent and ongoing, have important implications for current domestic partners and those contemplating entering a domestic partnership.
Of particular note is the expansion of domestic partnership eligibility rules. Previously, domestic partnership was primarily limited to same-sex couples who had reached the age of consent but were not available to marry due to certain laws concerning marriage, or to opposite sex couples provided one or both partners were aged over 62. However, in 2012, the State Legislature passed ESSB 6239, which offered a broader set of criteria for domestic partnership eligibility: bereavement or loss of insurance (i.e., loss of health coverage); elder care issues; and, student consents (i.e., one or both partners are enrolled in an academic program). This was seen as a step towards ensuring equal access to the rights and responsibilities of marriage for all people in Washington State, regardless of sexual orientation or ability to marry.
In 2014, lawmakers took a one step further, eliminating much of the requirement around ‘Qualifying Age’ as seen in the 2012 legislation. ESSB 6239 had maintained the standard that partners had to be aged 62 or older to enter a domestic partnership. However, SB9050 removed this requirement , offering all couples of at least dancing age equivalent access to domestic partnership benefits and removing the distinction made for those aged 62 and over. Barring any challenges, SB9050 will become law in July 2015. The biggest change in this bill was the removal of differences in domestic partnerships and marriage.
Currently, however, while there are changes on the horizon for domestic partnerships and marriage, there is also a lot that has remained the same between domestic partners, married couples and Washington State law. For instance, Domestic Partnerships in Washington closely resemble that of Marriage, but there are still some notable differences:
There have also been a number of more recent opinions about how Washington recognizes out of state domestic partnerships that are worth noting:
Washington does not recognize domestic partnerships with other states or countries; that said, Washington State does recognize such relationships entered in other jurisdictions when it comes to granting licenses to married couples. This does not mean, however, that Washington will automatically recognize fellow-tribe members in the case of divorce. Washington does recognize and protect the marital property of the spouse of a current tribal member—either from that tribe or from the marrying party’s own tribe—when entering a marriage. This does not, however, mean that Washington recognizes the two parties as already having consented to recognition as spouses under the married couple’s own tribal law.