The Nevada legislature has finally enacted a law which acknowledges the rights of same-sex or otherwise unmarried partners in this State. Commencing on October, 1, 2009, individuals may legally register as domestic partners in the State of Nevada. A “domestic partnership” is a statutorily created civil contract which will allow domestic partners to have the same rights, protections, benefits, responsibilities, obligations and duties as do parties to any other civil contract created pursuant to Title XI of Nevada Revised Statutes. In other words, same-sex partners will be legally entitled to enter a contract establishing a legal relationship which will require each party to recognize the other in the same manner as do individuals who are married. Although a domestic partnership is not considered to be a “marriage” for purposes of the Nevada Constitution, under the new law, domestic partners will be able to enjoy all of the rights and responsibilities of married spouses in this State.
According to the new law, to qualify to register as domestic partners in Nevada, individuals will be required to submit a registration form to the Nevada Secretary of State certifying that they have a common residence, that neither party is married nor is a member of another domestic partnership, and that the two individuals are not related by blood in a way that would prevent them from being legally married to each other in Nevada. Both individuals must be at least 18 years old and competent to consent to the domestic partnership. The applicants must also pay a filing fee. Once the application is processed by the Secretary of State, a certificate is issued recognizing the partnership.
Individuals seeking to formalize their domestic partnership must address many family law issues and will benefit from the expertise of counsel in drafting the appropriate domestic partnership agreement which protects the rights of both parties and preserves the goal of family. As such, prior to registering as domestic partners, individuals will want to consult an attorney to evaluate their legal rights and obligations and their eligibility to register, as well as to fully investigate the impact on the relationship as to the parties’ children and property rights. Because of the legal uncertainty associated with resolving disputes of any nature in family court, a well drafted domestic partnership agreement can ensure that the intentions of the domestic partners in formally establishing the partnership are honored.
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