I married my domestic partner! What happens to that old agreement?

Ask Roxy is a public service blog from the Law Offices of Roxanne Sher Olson (www.roxanneolson.com).  Roxanne is an attorney in Santa Cruz, CA.  Email your questions to askroxy@roxanneolson.com

Back in the dark ages (last spring), many gay and lesbian couples in California entered into domestic partnership agreements as a way to confirm their promises to each other because they did not have the right to marry.  A marriage is basically a three way agreement between the government and the couple that includes all sorts of statutory rights and obligations the starry-eyed lovers may or may not be aware of.  A domestic partnership agreement, however, is similar to a pre-marital agreement in that it is completely individualized to the particular couple involved.  (My post on pre-marital agreements is called “Do I need a pre-marital agreement if I love my fiancé?”)

Unless you’ve been living under a rock for the last year, I am sure you are aware that the Supreme Court finally decided to allow love to conquer all and former California domestic partners are now becoming spouses faster than you can say, “honey, have you seen my keys?”

But what about that old contract?  Is it still valid?  It is  trumped by the new marriage or will it be treated as a sort of pre-marital agreement and stick? 


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