Purpose. | |
Definitions. | |
Establishing a Domestic Partnership. | |
Ending Domestic Partnerships. | |
County Clerk's Records. | |
Legal Effect of Declaration of Domestic Partnership. | |
Codification. | |
Filing Fees. | |
Civil Ceremony. | |
Recognition of Domestic Partnerships, Civil Unions, and Similar Legal Relationships of Other Jurisdictions. | |
Amendment and Repeal. | |
Severability. | |
Domestic Partnerships Ratified and Approved. | |
The purpose of this ordinance is to create a way to recognize intimate committed relationships, including those of same-sex couples who otherwise may be denied the right to marry under California law, and to afford to domestic partners, to the fullest extent legally possible, the same rights, benefits, responsibilities, obligations, and duties as spouses. All costs of registration must be covered by fees to be established by ordinance.
(Added by Proposition K, 11/6/90; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
(a) Domestic Partnership. Domestic Partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring, who live together, and who have agreed to be jointly responsible for basic living expenses incurred during the Domestic Partnership. They must sign a Declaration of Domestic Partnership, and establish the partnership under Section 62.3 of this chapter.
(b) "Live Together." "Live together" means that two people share the same living quarters. It is not necessary that the legal right to possess the quarters be in both of their names. Two people may live together even if one or both have additional living quarters. Domestic Partners do not cease to live together if one leaves the shared quarters but intends to return.
(c) "Basic Living Expenses." "Basic living expenses" means the cost of basic food and shelter. It also includes the expenses which are paid at least in part by a program or benefit for which the partner qualified because of the domestic partnership. The individuals need not contribute equally or jointly to the cost of these expenses as long as they agree that both are responsible for the costs.
(d) "Declaration of Domestic Partnership." A "Declaration of Domestic Partnership" is a form provided by the County Clerk. By signing it, two people agree to be jointly responsible for basic living expenses which they incur during the domestic partnership and that this agreement can be enforced by anyone to whom those expenses are owed. They also state under penalty of perjury that they met the definition of domestic partnership when they signed the statement, that neither is married, and that they are not related to each other in a way which would bar marriage in California. The form will also require each partner to provide a mailing address.
(Added by Proposition K, 11/6/90; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
(a) Methods. Two persons may establish a Domestic Partnership by either:
(1) Presenting a signed Declaration of Domestic Partnership to the County Clerk, who will file it and give the partners a certificate showing that the Declaration was filed; or
(2) Having a Declaration of Domestic Partnership notarized and giving a copy to the person who witnessed the signing (who may or may not be the notary). However, a domestic partnership formed in this manner shall not be recognized for purposes of San Francisco Charter Sections A8.500-2 relating to the Retirement System, where a registered domestic partnership or certificate of domestic partnership is required by law, or where a spouse would be required to present a marriage license.
(Added by Proposition K, 11/6/90; amended by Ord. 78-04, File No. 040318, App. 5/6/2004)
(a) When the Partnership Ends. A Domestic Partnership ends when:
(1) One partner sends the other a written notice that he or she has ended the partnership; or
(2) One of the partners dies; or
(3) One of the partners marries or the partners no longer live together.
(b) Notice the Partnership Has Ended.
(1) To Domestic Partners. When a Domestic Partnership ends, at least one of the partners must sign a notice saying that the partnership has ended. The notice must be dated and signed under penalty of perjury. If the Declaration of Domestic Partnership was filed with the County Clerk, the notice must be filed with the clerk; otherwise, the notice must be notarized. The partner who signs the notice must send a copy to the other partner.
(2) To Third Parties. When a Domestic Partnership ends, a Domestic Partner who has given a copy of a Declaration of Domestic Partnership to any third party, (or, if that partner has died, the surviving member of the domestic partnership) must give that third party a notice signed under penalty of perjury stating the partnership has ended. The notice must be sent within 60 days of the end of the domestic partnership.
(3) Failure to Give Notice. Failure to give either of the notices required by this subsection will neither prevent nor delay termination of the Domestic Partnership. Anyone who suffers any loss as a result of failure to send either of these notices may sue for actual losses.
(Added by Proposition K, 11/6/90)
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