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Domestic Partnership Law

New Jersey's Domestic Partnership Law affords certain rights to same sex couples and couples over age 62 who register as domestic partners.   

However,  in many instances additional legal documents are needed to provide you,  your partner and family adequate protection.  These include the drafting of Wills, Advanced Health Care Directives and Durable Powers of Attorney.    

Who is it for?
  • Same-sex couples
  • Couples over the age of 62
What are the reqirements to establish a domestic partnership?
  • Both parties must either be of the same sex or over 62 years of age.
  • Both parties must be at least 18 years of age.
  • There must be no blood relationship.
  • Parties must share a common residence.
  • Parties must be willing to take responsibility of one another's common welfare. (This can be shown through evidence of joint financial arrangements or joint ownership of real estate or personal property.)
  • Parties must be willing to be responsible for each other's living.
  • Both parties must jointly file an Affidavit of Partnership.
How do you file an affidavit of partnership?

If you meet the requirements to establish a domestic partnership (link to last question), you pay a $28.00 fee to file an Affidavit of Partnership at any local town registrar. You then receive a Certificate of Domestic Partnership. Copies of both, the Affidavit of Partnership and the Certificate of Domestic Partnership are filed with the State Registrar.

When you go to register you should bring:

  • Proof of identification, age and common residence

Proof of one of the following:

Joint deed, mortgage agreement or lease; or

Joint bank account; or

Designation of one as primary beneficiary in other's will; or

Designation of one as primary beneficiary in other's life insurance policy or retirement plan; or

 Joint ownership of a motor vehicle.

What rights do I have in a domestic partnership?

Statutory protection against discrimination based on domestic partnership status by employers, landlords, lenders and others.

Visitation and decision making in health care setting

You have the right to hospital visitation

You have the right to consent to organ donation

You have the right to name on another in a health care proxy

Tax related benefits

You may claim joint tax status for state tax purposes

You may claim mandatory insurance coverage and pension benefits if your partner is a state employee