Domestic Partnership Petition
A domestic partnership petition establishes that the individuals have meet he criteria specified by California Family Code section 297 (see below) by either a Declaration of Domestic Partnership (Form NP/SF DP-1) or a Confidential Declaration of Domestic Partnership (Form NP/SF DP-1A) with the California Secretary of State.
Requirements
The domestic partnership petition has specific requirements which are that the two people who have been living together as domestic partners must meet the criteria specified by California Family Code section 297. If they do, they can file a Confidential Declaration of Domestic Partnership with the California Secretary of State. Unlike a Declaration of Domestic Partnership, a Confidential Declaration of Domestic Partnership is a permanent record that is not open to the public. Only the registered domestic partners may obtain a copy of their confidential domestic partnership filing by completing a Confidential Domestic Partnership Records Order Form. Anyone other than the domestic partners wanting a copy of a Confidential Declaration of Domestic Partnership must attach a certified copy of a court order granting permission to the Confidential Domestic Partnership Records Order Form.
Termination of a Domestic Partnership
A domestic partnership petition created the domestic partnership. This can be terminated under certain conditions, as provided by California Family Code section 299 (see below), by filing a Notice of Termination of Domestic Partnership (Form NP/SF DP-2) with the California Secretary of State. The domestic partnership will be terminated effective six months after the date of filing of the Notice of Termination of Domestic Partnership with the California Secretary of State provided that neither party has, before the effective date, filed with the California Secretary of State a Revocation of Termination of Domestic Partnership (Form NP/SF DP-3), as provided by California Family Code section 299 (see below). If all conditions of California Family Code section 299 cannot be met, domestic partnerships must be terminated through proceedings in California Superior Court.
California Family Code section 297
(a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.
(b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met:
(1) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
(2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
(3) Both persons are at least 18 years of age, except as provided in Section 297.1.
(4) Either of the following:
(A) Both persons are members of the same sex.
(B) One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in Section 402(a) of Title 42 of the United States Code for old-age insurance benefits or Title XVI of the Social Security Act as defined in Section 1381 of Title 42 of the United States Code for aged individuals. Notwithstanding any other provision of this section, persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over 62 years of age.
(5) Both persons are capable of consenting to the domestic partnership.
California Family Code section 299
(a) A registered domestic partnership may be terminated without filing a proceeding for dissolution of domestic partnership by the filing of a Notice of Termination of Domestic Partnership with the Secretary of State pursuant to this section, provided that all of the following conditions exist at the time of the filing:
(1) The Notice of Termination of Domestic Partnership is signed by both registered domestic partners.
(2) There are no children of the relationship of the parties born before or after registration of the domestic partnership or adopted by the parties after registration of the domestic partnership, and neither of the registered domestic partners, to their knowledge, is pregnant.
(3) The registered domestic partnership is not more than five years in duration.
(4) Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:
(A) The lease does not include an option to purchase.
(B) The lease terminates within one year from the date of filing of the Notice of Termination of Domestic Partnership.
(5) There are no unpaid obligations in excess of the amount described in paragraph (6) of subdivision (a) of Section 2400, as adjusted by subdivision (b) of Section 2400, incurred by either or both of the parties after registration of the domestic partnership, excluding the amount of any unpaid obligation with respect to an automobile.
(6) The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than the amount described in paragraph (7) of subdivision (a) of Section 2400, as adjusted by subdivision (b) of Section 2400, and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of that amount.
(7) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.
(8) The parties waive any rights to support by the other domestic partner.
(9) The parties have read and understand a brochure prepared by the Secretary of State describing the requirements, nature, and effect of terminating a domestic partnership.
(10) Both parties desire that the domestic partnership be terminated.
(b) The registered domestic partnership shall be terminated effective six months after the date of filing of the Notice of Termination of Domestic Partnership with the Secretary of State pursuant to this section, provided that neither party has, before that date, filed with the Secretary of State a notice of revocation of the termination of domestic partnership, in the form and content as shall be prescribed by the Secretary of State, and sent to the other party a copy of the notice of revocation by first-class mail, postage prepaid, at the other party’s last known address. The effect of termination of a domestic partnership pursuant to this section shall be the same as, and shall be treated for all purposes as, the entry of a judgment of dissolution of a domestic partnership.
(c) The termination of a domestic partnership pursuant to subdivision (b) does not prejudice nor bar the rights of either of the parties to institute an action in the superior court to set aside the termination for fraud, duress, mistake, or any other ground recognized at law or in equity. A court may set aside the termination of domestic partnership and declare the termination of the domestic partnership null and void upon proof that the parties did not meet the requirements of subdivision (a) at the time of the filing of the Notice of Termination of Domestic Partnership with the Secretary of State.
(d) The superior courts shall have jurisdiction over all proceedings relating to the dissolution of domestic partnerships, nullity of domestic partnerships, and legal separation of partners in a domestic partnership. The dissolution of a domestic partnership, nullity of a domestic partnership, and legal separation of partners in a domestic partnership shall follow the same procedures, and the partners shall possess the same rights, protections, and benefits, and be subject to the same responsibilities, obligations, and duties, as apply to the dissolution of marriage, nullity of marriage, and legal separation of spouses in a marriage, respectively, except as provided in subdivision (a), and except that, in accordance with the consent acknowledged by domestic partners in the Declaration of Domestic Partnership form, proceedings for dissolution, nullity, or legal separation of a domestic partnership registered in this state may be filed in the superior courts of this state even if neither domestic partner is a resident of, or maintains a domicile in, the state at the time the proceedings are filed.
(e) Parties to a registered domestic partnership who are also married to one another may petition the court to dissolve both their domestic partnership and their marriage in a single proceeding, in a form that shall be prescribed by the Judicial Council.
Domestic Partner Petition
Click on the following link to download a California Domestic Partner Petition which is used in California courts.
File Download (PDF File): fl103 – domestic partner petition
