Marriage vs Domestic Partnerships - San Diego Family Law

How Does Marriage Affect Registered Domestic Partnerships?

Posted November 28, 2018

Under California law, registered domestic partners have the same rights, protections, and benefits as married couples. Essentially, Domestic Partnerships are available to same-sex couples and opposite sex couples over the age of 62.

Very often, our office hears the question: “what happens if I am in a registered domestic partnership and then get married?”

(1) Does the Marriage Terminate the Registered Domestic Partnership?

When you get married, your Domestic Partnership is still registered and is not terminated. You will be both married and in a registered domestic partnership. This also means that if you file for divorce, your marriage will terminate but you will still be in a domestic partnership if you do not file to dissolve it as well.

(2) Does the Marriage Make My Domestic Partnership Agreement Invalid?

No, unless language in the Domestic Partnership Agreement states otherwise, the marriage license does not invalidate the Agreement. Functionally, it acts as a premarital agreement. Again, this is dependent on the language of the Agreement. In addition, the Agreement much meet the requirements for an enforceable prenuptial agreement and the grounds for making a contract enforceable.

Note: The validity of the terms of the agreement also depend on the year the Domestic Partnership Agreement was entered. California law regarding domestic partnerships property rights changed dramatically in the early 2000s. The timing is critical to the legal analysis and seeking counsel by an attorney is strongly recommended before making any assumptions regarding your rights and responsibilities.

It is important to know your rights, responsibilities, and options regarding the intersection of domestic partnerships and marriage. Our family law team at Naimish & Lewis can advise you on this and other dissolution and divorce related matters. To schedule an initial consultation with an attorney at our firm, please contact us.

Further Reading » Divorce and Your 401(k) Retirement Plan: Understanding Division and Implications in California

Divorce, Prenuptial Agreements & Post-Nuptial Agreements

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.