Under the law in most states, including Pennsylvania, unmarried partners are legal strangers. Therefore, in order to obtain legal protections, these couples must take the initiative to draft legal documents or, in some situations, to go through court proceedings.
The attorneys of Jerner & Palmer, P.C., provide experienced representation to gay and lesbian partners as well as unmarried heterosexual partners with respect to estate planning, cohabitation agreements, name changes, adoption, second-parent adoption, sperm donor agreements, surrogacy agreements and gestational carrier agreements. We also provide legal advice regarding the impact on Pennsylvania and New Jersey residents of obtaining out-of-state registered domestic partnerships, civil unions or marriages.
Estate Planning for Unmarried Partners
In Pennsylvania, unmarried partners are denied the rights automatically given to married couples. Unmarried partners are not permitted to inherit from one another under the intestacy laws, make financial or medical decisions for one another, or even obtain medical information about one another in the event of an emergency. Moreover, unmarried partners cannot make use of divorce law and family courts to divide property in the event of separation. Unmarried couples cannot acquire, through legal planning, the more than 1,100 federal and 680 Pennsylvania benefits and protections that are available to married couples. However, unmarried partners can create certain basic legal protections with the assistance of an attorney. At a minimum, every long-term unmarried couple in Pennsylvania should have Wills, financial powers of attorney, medical powers of attorney, living wills and a cohabitation agreement or real estate agreement.
Cohabitation Agreements and Real Estate Agreements
A Cohabitation Agreement (also known as a Domestic Partnership Agreement) is a contract between domestic partners which sets forth each partner's financial responsibilities and obligations to the other during the course of the relationship. The Agreement also sets forth the rights and obligations of the parties in the event that the parties separate.
A Real Estate Agreement is a contract that governs the repsective financial and property rights of property owners with respect to a particular piece of real estate. These agreements may be a good option for gay or lesbian members of the military and certain clerical orders. The attorneys of Jerner & Palmer, P.C. can advise clients with these concerns about whether a real estate agreement may be appropriate for them.
Name Changes
Some couples choose to celebrate and reflect their family commitment by having one or both partners change their last name. In both Pennsylvania and New Jersey, individuals can go through legal proceedings to change their last name to their partner's last name, to a hyphenated last name or to a totally new last name.
Children
For those nontraditional families who wish to conceive or adopt children, Jerner & Palmer, P.C. provides legal services ranging from representation in adoption or second-parent adoption actions to drafting sperm donor, surrogacy and gestational carrier agreements.
Out-of State Registered Domestic Partnerships, Civil Unions and Marriages
Couples sometimes celebrate their commitment by obtaining an out-of-state civil union or marriage or by registering as domestic partners in a different state. The variety of legal unions and their legal effects in your home state can be confusing. In fact, in states like Pennsylvania where such unions are not recognized, out-of-state legal unions can have unforeseen negative consequences. Jerner & Palmer, P.C. can provide legal advice to help you navigate such challenges if you are contemplating or have obtained out-of-state legal recognition of your relationship.
For more information call us at (215)843-6000 or fill out our Contact Form.
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