What Is a Domestic Partnership Agreement?
A domestic partnership agreement (DPA) is a legally binding contract between two individuals in a committed relationship who are not married. DPAs are designed to outline how a couple’s property, financial assets, debts, and other responsibilities should be divided in case the relationship ends. Domestic partnership agreements were common before same-sex marriage was legalized, as they provided some legal protection for couples who were not allowed to marry at that time. These agreements are similar in many ways to prenuptial and postnuptial agreements, except they exist outside the bounds of marriage.
What Is the Role of DPAs after Obergefell v. Hodges?
With the landmark 2015 decision in Obergefell v. Hodges, LGBTQ+ couples were granted the same legal rights as heterosexual couples.
In Ohio, same-sex couples can now legally marry and are also subject to state divorce laws. Many LGBTQ+ couples who entered into domestic partnership agreements before Obergefell have since married, and some are now filing for divorce. This raises the critical question: can a domestic partnership agreement be enforced in an Ohio LGBTQ+ divorce? The answer is yes. Ohio enforces contracts, and a well-drafted DPA is likely enforceable in court.
How Are Domestic Partnership Agreements Treated Under Ohio Law?
Under state law, DPAs are treated as contracts, and therefore, they must meet certain legal requirements to be enforceable, including the following:
- Offer and acceptance: Both parties must voluntarily agree to the terms.
- Consideration: In any contract, something of value must be exchanged between the parties. These items could be property, financial assets, or responsibilities.
- Legal capacity: Both parties must have the capacity to enter into the agreement. They must be of sound mind and not under the influence of alcohol or drugs when signing the contract.
- Legality: The terms of the DPA must be legal and not in violation of public policy.
How Do DPAs Impact Major Issues in an LGBTQ+ Divorce?
A domestic partnership agreement that meets the above contractual requirements is likely to be viewed by the courts as valid and enforceable. However, certain terms, particularly those related to child custody or support, may receive different treatment.
Property Division
If a divorcing LGBTQ+ couple has a domestic partnership agreement in place that outlines how their property should be divided in a divorce, the court will likely consider the contract in the property division process. Ohio is an equitable distribution state, meaning marital assets and debts are divided fairly but not necessarily equally.
Provided the DPA is fair and not one-sided, it can guide the court in determining the distribution of marital property. If one party challenges the agreement, however, the court will examine the terms of the contract to ensure it does not violate principles of fairness or public policy. For example, if the agreement is one-sided, leaving one partner with little or no assets, the court may modify the terms for a more equitable outcome.
Spousal Support
Alimony may be addressed in a domestic partnership agreement. When a DPA includes provisions for spousal support, the court will review it and may enforce the agreement if it is fair and reasonable.
However, the court has the discretion to modify or reject any terms it finds unfair or not aligned with Ohio spousal support laws. Family courts consider several factors in determining alimony awards, including the duration of the marriage, the standard of living during the marriage, and each party’s income, assets, expenses, and earning capacity.
Child Custody and Child Support
These are two of the most complex issues in enforcing DPAs in Ohio LGBTQ+ divorce. While domestic partnership agreements may outline financial responsibilities and custody arrangements for children, the courts have the final decision in matters concerning the best interests of the child. The court will review any provisions regarding child custody or support in a DPA but is not bound by those provisions if found to conflict with the child’s best interests. In any child custody or support determination, Ohio courts consider various factors, including:
- Emotional and physical needs of the child
- The ability of each parent to provide for the child’s needs
- The child’s relationship with each parent
- Preference of the child, depending on age and maturity
What Is the Process for Enforcing a DPA in an Ohio LGBTQ+ Divorce?
The first step in the process is to file for divorce. The spouse seeking enforcement of a domestic partnership agreement should present it to the court early in the proceedings. The court will review the agreement to determine if it meets the basic requirements of a legally enforceable contract. If it satisfies these requirements, the court will likely find the domestic partnership agreement valid. Once the court has reviewed and ruled on the DPA, it will incorporate those findings into the final divorce decree. The terms of the domestic partnership agreement will be included in the decree if they are fully or partially enforced.
What Happens When a Spouse Challenges a Domestic Partnership Agreement?
If one spouse challenges the DPA, claiming it is unfair or was signed under duress, the court will schedule a hearing to resolve those claims. The spouse seeking enforcement must present evidence that the agreement was fair and that the spouse voluntarily entered into it. If the court determines that the domestic partnership is valid, it will enforce the terms of the agreement. If, on the other hand, the court finds that the DPA is unfair, unconscionable, or one-sided, it may modify or reject certain provisions.
Same-sex divorce can be more complicated than traditional divorce.
Our team of experienced divorce lawyers can assist with every aspect of LGBTQ+ family law, including divorce and enforcing or challenging domestic partnership agreements. Call Lawrence Law Office to schedule a free consultation at 614-363-1273.
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