Town of Southampton, NY Chapter 152 Domestic Partnerships

[HISTORY: Adopted by the Town Board of the Town of Southampton 3-11-2003 by L.L. No. 19-2003. Amendments noted where applicable.]

§ 152-1 Title.

This chapter shall be known and may be cited as the "Town of Southampton Domestic Partnership Law."

§ 152-2 Purpose and objectives.

A. The Town's interest in strengthening and supporting all caring, committed and responsible family forms has led to the definition and recognition of "domestic partnership" (explained below) as a relationship and family unit.

B. This chapter establishes a mechanism for the public expression and documentation of the commitment reflected by the "domestic partnership" whose members cannot or choose not to marry.

C. It is appropriate and fair that certain of the societal privileges and benefits defined in this new legal relationship be available to Southampton Town residents.

§ 152-3 Requirements.

A domestic partnership shall exist between two persons if the following are true:

A. The persons are not related by blood closer than would bar marriage in the State of New York.

B. Neither person is married.

C. Both persons are 18 years of age or older.

D. Both persons are competent to enter into a contract.

E. The persons declare that they are each other's sole domestic partner.

F. The persons currently share a primary residence within the Town of Southampton and declare that they intend to do so for the indefinite future.

G. The persons declare that they are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare. For these purposes, "mutual support" means that they contribute mutually to each other's maintenance and support.

H. Both persons agree to file a termination of partnership if there is a change in the status of their domestic partnership.

I. The persons shall file a statement of domestic partnership as set forth in this chapter and pay the required fee.

§ 152-4 Statement of domestic partnership.

A. Contents.

(1) Domestic partners may make an official record of their domestic partnership by completing, signing and submitting to the Town Clerk a statement of domestic partnership.

(2) The statement shall be signed under penalty of perjury and shall include the date on which the persons became each other's domestic partners and the address of both partners. This address shall be the primary residence that the persons share within the Town of Southampton. The domestic partnership statement shall further state that the domestic partners comply with the requirements of § 152-3 of this chapter.

B. Amendment of domestic partnership statement. Partners may amend the statement at any time in order to change an address by filing an amended statement.

C. Termination of domestic partnership. Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the Town Clerk. The person filing the termination statement must declare, under penalty of perjury:

(1) The domestic partnership is terminated; and

(2) A copy of the termination statement has been mailed to the other domestic partner.

D. New statements of domestic partnership. No person who has filed a statement of domestic partnership may file another statement of domestic partnership until six months after the termination statement of a previous partnership has been filed with the Town Clerk.

§ 152-5 Filing of statements; fees.

The Town Clerk shall distribute a disclaimer to all applicants that the Domestic Registry does not confer on those registered any legal rights one would retain if they were obtaining a marriage certificate. Anyone who has signed a statement of domestic partnership may file it with the Town Clerk. The statement of domestic partnership, termination statement or amendment of domestic partnership statement shall not be deemed effective until filed with the Town Clerk according to the provisions of this chapter.

A. Form of statements. All statements relating to domestic partnerships shall be notarized and executed as declaration made under penalty of perjury. The Town Clerk shall provide forms as necessary to interested individuals.

B. Fees for statements. The Town Clerk shall charge a fee for the filing of a domestic partnership statement and a fee for the filing of a termination statement. The payment of the above fee entitles the person filing a statement on behalf of the domestic partnership to two copies of the statement certified by the Town Clerk. Certification of additional copies at that time or at any other time shall be available for a cost per copy. Fees shall be determined by the Town Board by resolution.