Ending a long-term relationship is a difficult process whether the partners are married or not, and thus creating such relationships can be quite involved as well. Various laws and legal techniques have developed over the years to address the issues that arise for unmarried heterosexual couples and same-sex couples, including the following:
Co-Habitation Agreements:
Cohabitation Agreements are used to acknowledge the intentions of unmarried partners with respect to ownership of property acquired during the relationship. These agreements may provide for other terms as well. The purpose of the agreement is to try and prevent litigation in the event the relationship ends.
Meretricious Relationship Law:
The law of Meretricious Relationships was developed by Washington State courts to provide unmarried couples a way to reach a fair and equitable distribution of the property and debt acquired during the relationship. This body of law is available to both unmarried heterosexual couples as well as same-sex couples who have established a Meretricious Relationship. Once the Domestic Partnership bill is signed into law, same-sex couples and couples over the age of 62 will also use Meretricious Relationship law to assist in resolving property and debt related issues at the end of their relationships.
Paternity or Parentage cases:
The Parentage Statute (RCW 26.26) provides the law for establishing the legal parentage of a child born between a heterosexual couple who were not married at the time the child was born. Typically such cases are referred to as Paternity cases. The statute provides a way to establish child support and a parenting plan.
In recent cases, the court has held that parentage can be established through application of common law under certain circumstances. This evolving development benefits the GLBT community, which is currently excluded from having standing under the Parentage Statute.
Domestic Partnership Act:
On Thursday, March 1, 2007, the Washington State Senate passed SB 5336 by a vote of 28-19. This bill, which extends many of the benefits of marriage to unmarried couples, is widely expected to pass the House due to a Democratic majority. Governor Gregoire has already indicated her support for the bill and that she will sign it.
SB 5336 will create a domestic partner registry which will be administered by the Office of the Secretary of State. The Secretary of State is directed to prepare separate forms for the declaration and termination of a state registered domestic partnership. The forms must contain statements that registration and termination may affect property and inheritance rights and that these rights conferred by registration may be superseded by a will, deed, or other instrument.
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