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The Domestic Partnership Act became effective on July 10, 2004 and was amended by the Civil Union Act implemented on February 19, 2007.
Under the original Domestic Partnership Act same-sex couples age 18 or older and opposite-sex couples age 62 or older had to meet the
requirements of the Act to register a Domestic Partnership. The
implementation of the Civil Union Act amended this requirement such that effective February 19, 2007 same-sex or opposite-sex couples must be age 62 or older and meet the remaining eligibility requirements of the
Domestic Partnership Act to register as Domestic Partners.
Domestic Partnerships registered prior to February 19, 2007 are still
valid and are afforded the rights and benefits of Domestic Partners.
Applicants must obtain an Affidavit of Domestic Partnership. The
Affidavit must be completed and signed by both applicants at the same
time, in the presence of a notary. The applicants must appear together
to file with a Local Registrar of Vital Statistics at any municipality
throughout the State and the required fee of $28 remitted. Domestic
Partnerships are not considered registered until the Affidavit has been
filed with the Local Registrar's Office and the Certificate of Domestic
Partnership has been issued.
Each applicant must supply valid identification that establishes name,
age, date of birth and proof of residency. This may be supplied by one
or more documents issued by a government agency, such as a certified
copy of a birth certificate, driver's license, military identification
or state/county identification card. A registration or operator's
license for any motorized vehicle that must be registered with the Motor
Vehicle Commission will be accepted. Motorized vehicles include
motorcycles, boats and motor homes, to name a few. A passport or county issued ID will establish identity. A mortgage, lease, tax records or
utility bills will establish residency.
Couples must:
1. Share a common residence in New Jersey or any other jurisdiction
provided that at least one of the applicants is a member of a New Jersey
State-administered retirement system;
2. Both persons are jointly responsible for each other's common
welfare as evidenced by joint financial arrangements or joint ownership
of real or personal property;
3. Both persons agree to be jointly responsible for each other's
basic living expenses during the domestic partnership;
4. Not be party to a marriage or civil union recognized by New
Jersey law or a member of a domestic partnership with another
individual;
5. Not be related to each other by blood or affinity up to and
including the fourth degree of consanguinity(simply stated, individuals
who are first cousins or more distantly related);
6. Chose to share each other's lives in a committed relationship of
mutual caring;
7. Not have legally terminated another domestic partnership within
the last 180 days. (This prohibition does not apply when the previous
partnership ended due to the death of the other partner).
If the residence is outside the State of New Jersey, at least one of the
applicants must provide proof of membership in a New Jersey
State-administered retirement system by providing one of the following
documents issued by the Division of Pensions and Benefits:
1. A Personal Benefits Statement from the current or previous year;
2. a 1099R from the current or previous year or
3. a Certificate of Pension Membership.
The Local Registrar in the municipality in which you register your
Domestic Partnership will retain a copy of both the Affidavit of
Domestic Partnership and the Certificate of Domestic Partnership. These documents will also be retained at the State Bureau of Vital Statistics, Office of the State Registrar.
To show proof of a Registered Domestic Partnership, you must obtain a
certified copy of the Certificate of Domestic Partnership. A certified
copy can be obtained from either of these entities. To obtain a copy of
the certificate, you must identify the date and location of the filing
for the Domestic Partnership, and provide identification to establish
your identity.
A listing of the current Local Registrars, their phone numbers and
address can be found by accessing the following webpage
http://www.state.nj.us/health/vital/regbycnty.shtml
Terminating a Domestic Partnership
In order to end a Domestic Partnership, you must file a request for
termination with the Superior Court of the State of New Jersey.
Following termination, you are responsible for notifying any entity that
you had originally notified when you entered into the Domestic
Partnership.
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