Understanding Domestic Partnership Agreements in South Carolina
For unmarried couples who want to define their legal rights and responsibilities, a domestic partnership agreement can provide clarity and protection. These agreements help domestic partners establish expectations regarding property rights, income, support issues, and even child custody in the event of separation or a partner’s death.
In South Carolina, domestic partnership agreements are especially important because the state does not recognize common law marriage for relationships formed after July 1, 2019. This means that unmarried partners do not have the same rights as married couples when it comes to property division, inheritance, or financial support. A well-drafted agreement can help address these concerns and protect both partners in a long-term committed relationship.
What Is a Domestic Partnership Agreement?
A domestic partnership agreement is a legal contract between two people in a committed relationship who want to establish their rights and responsibilities regarding finances, property, and other key aspects of their partnership. Such an agreement is particularly beneficial for same sex couples, unmarried partners, and those who want to secure financial stability without entering into a formal marriage.
This type of agreement can outline:
- How assets and debts will be divided if the relationship ends
- Each partner’s financial contributions to shared expenses
- Property ownership and inheritance rights if one partner dies
- Rights related to decision-making in medical or financial matters
- Support obligations if the partnership dissolves
By working with experienced family law attorneys, domestic partners can ensure that their agreement is legally enforceable and tailored to their needs.
Why Domestic Partnership Agreements Matter in South Carolina
Since South Carolina does not grant unmarried couples the same rights as married spouses, domestic partnership agreements can help establish key protections. Without this legal document, domestic partners may face difficulties in areas such as:
- Property division – Unlike in a divorce, there are no automatic legal protections for splitting jointly owned property when unmarried partners separate.
- Estate planning – If one partner dies without a will or a domestic partnership agreement, their assets may not go to their surviving partner.
- Financial support – Unlike spousal support in a divorce, domestic partners do not have legal guarantees for financial assistance after separation.
- Parental rights – In cases involving children, a domestic partnership agreement can clarify parental responsibilities, though it does not replace legal custody agreements.
Because South Carolina does not provide statewide recognition for domestic partnerships, having a legally binding agreement is one of the only ways to safeguard a couple’s rights.
Key Considerations for Domestic Partners
When drafting a domestic partnership agreement, it is important to consider:
- Property ownership – How will jointly acquired assets and debts be handled?
- Income and expenses – Will one partner contribute more financially, and how will expenses be shared?
- Medical and financial decision-making – Does one partner have the authority to make critical decisions for the other?
- Parental responsibilities – How will the care and custody of children be managed?
- Separation terms – What happens if the relationship ends?
Consulting with family law attorneys can help ensure that all aspects of the relationship are covered in the agreement.
How Sarah Henry Law Can Help
At Sarah Henry Law, we understand the unique challenges that domestic partners face when navigating legal protections. Our attorneys provide guidance on creating comprehensive Greenville Domestic Partnership Agreements that reflect your specific needs and goals.
We offer services including:
- Drafting customized domestic partnership agreements
- Reviewing and updating existing agreements
- Advising on estate planning and property rights
- Helping same sex partners and unmarried partners understand their legal options
Since South Carolina’s laws regarding domestic partnerships differ from states like North Carolina, it is crucial to work with knowledgeable attorneys who understand local legal requirements.
Learn More About Domestic Partnership Agreements in Greenville
Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation initial consultation. You can also reach us anytime through our contact page. Let us help you protect your relationship and secure your future.
FAQs About Domestic Partnership Agreements in Greenville
1. Do domestic partners in South Carolina have the same rights as married couples?
No, domestic partners do not have the same rights as married couples. A domestic partnership agreement can help establish legal protections, but it does not grant all of the rights associated with marriage.
2. Can a domestic partnership agreement cover child custody and support?
A domestic partnership agreement can outline financial support and parenting expectations, but child custody and support are ultimately determined by the courts based on the child’s best interests.
3. Does South Carolina recognize common law marriage?
South Carolina abolished common law marriage for new relationships formed after July 1, 2019. The only exception applies to relationships that met common law marriage requirements before that date.
4. Can a domestic partnership agreement help with estate planning?
Yes, a domestic partnership agreement can define how property and assets will be distributed if one partner dies. However, additional estate planning documents such as wills and trusts may be needed.
5. How does a domestic partnership agreement differ from a prenuptial agreement?
A domestic partnership agreement applies to unmarried partners, while a prenuptial agreement is used by couples who plan to marry. Both serve to protect assets and define financial responsibilities in a relationship.
