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TODD K. MOHINK, PA Glen Burnie & Columbia Family & Criminal Lawyer

Columbia Premarital & Domestic Partnership Agreement Lawyer 

Columbia Family Law Attorney Assisting Clients with Premarital and Domestic Partnership Agreements

Entering into a domestic partnership can be complicated when it comes to understanding legal rights and responsibilities. While both opposite-sex couples and same-sex couples can enter into domestic partnerships in Maryland, this option largely became available for same-sex couples who were not able to get married in the state. Indeed, in 2008, domestic partnerships became available to same-sex couples as an alternative to marriage. In 2012, a same-sex marriage bill was introduced, and voters approved the bill in 2012. The law took effect in 2013, at which point same-sex couples could get married in the state.

Until same-sex marriage was legal in the state, domestic partnership agreements allowed same-sex couples to come to an agreement about financial issues, as well as other terms of the relationship, much like a prenuptial or premarital agreement. Now that same-sex couples can get married, they may choose to create a prenuptial or premarital agreement that outlines how property will be divided and classified in the event of divorce, along with other matters related to the marriage. A Columbia premarital & domestic partnership agreement lawyer can answer your questions.

Domestic Partnership Agreements in Columbia

There are similar requirements for entering into a domestic partnership as for entering into a marriage. Both parties must be of legal age, must not be married to or in a domestic partnership with another person, must not be related by blood or marriage, and must be in a relationship in which each party supports the other party and the relationship itself. Since domestic partnerships create legal relationships between parties, it is common to have a domestic partnership agreement. As we mentioned above, a domestic partnership agreement is similar to a prenuptial agreement. Through a domestic partnership agreement, same-sex couples might enter into a contract that specifies some of the following:

  • Dividing assets that are owned jointly in the event that the domestic partnership is dissolved;
  • Dividing debts that are owned jointly in the event that the couple breaks up;
  • Providing for a child adopted during the domestic partnership;
  • Protecting one partner from the other’s debts; and
  • Managing estate plans, or ensuring that particular estate plans are carried out in the event of a death of one partner.

Premarital Agreements in Howard County

Now that same-sex marriage is legal in Maryland, most same-sex couples opt to get married instead of entering into a domestic partnership. For these couples, entering into a premarital agreement, also known as a prenuptial agreement, is the same as for any other opposite-sex couple. The parties can contract about the same sorts of terms that we noted above in domestic partnership agreements, including but not limited to:

  • Dividing marital assets and debts in case of a divorce;
  • Classifying property to determine whether it is divisible in the event of divorce;
  • Providing for children from the marriage, whether adopted or conceived through IVF;
  • Terms for spousal support or alimony, or eliminating support; and
  • Matters concerning child custody and visitation.

Contact a Premarital & Domestic Partnership Agreement Lawyer in Columbia

If you have questions or concerns about developing a premarital agreement or a domestic partnership agreement for same-sex couples, an advocate at our firm can assist you. Do not hesitate to reach out to a premarital & domestic partnership agreement attorney in Howard County about your situation. Contact the Law Offices of Todd K. Mohink, PA online or by phone at 410-964-0050.

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