Monday, January 4, 2016

Additional Clauses for Domestic Partnership Agreements NJ

Additional Clauses for Domestic Partnership Agreements


The parties agree that they enter into this Domestic Partnership Agreement for good and valid consideration. That consideration is their mutual covenants and promises as expressed in this document.

2. Entire Agreement

The parties agree that this document [instrument, recitation] contains the complete and entire agreement [understanding] between them. Any and all prior representations, correspondence, communications, and the like are incorporated into this agreement either explicitly or implicitly. The provisions of this document constitutes the entire understanding of the parties as to their respective rights, duties, and obligations of their Domestic Partnership.

3. Hold Harmless and Indemnification Clause

In the event that either party defaults on or fails to abide by the terms of this Agreement, that party shall indemnify the other and hold him/her harmless for all reasonable costs and expenses, including but not limited to attorney fees, incurred in enforcing this Agreement. This indemnification includes any costs incurred by the nondefaulting party in asserting or defending any rights hereunder against the defaulting party or any third parties who may be cooperating with or encouraging the defaulting party.

4. Severability

In the event that a court of competent jurisdiction deems any clause or provision of this Agreement to be unenforceable or invalid, that clause or provision shall be severed from the agreement. All remaining clauses and provisions shall continue in full force and effect and shall be enforceable by the parties.

5. Absence of Duress or Intimidation

The parties acknowledge that they enter into this Agreement freely and without any intent to deceive. By their signatures they state that they are not entering into this Agreement as the result of undue influence, fraud, or distress (economic, physical, or emotional) of any kind. They state that they are competent to enter into this Agreement and do so willingly. They also state that no other person or persons have exerted any pressure or undue influence over them to sign this Agreement.

6. Statement of Intent of the Parties

The parties intend to treat their domestic partnership as if it were a marriage sanctioned by the laws of the State of __________________. If the parties decide, at some future date, to terminate their domestic partnership they agree to resolve any disputes without resorting to litigation.

The parties agree it is their intent to use mediation, collaborative law, or binding arbitration to resolve their disputes. They agree to submit all issues they cannot resolve between themselves to binding arbitration. The arbitrator shall apply the property, debt, and maintenance laws of the State of __________________ in resolving the issues presented by the parties.

The parties agree that the arbitrator shall be selected from a list provided by the American Arbitration Association. The parties also agree to submit to binding arbitration under the rules of the American Arbitration Association. The parties agree that each shall be responsible for one-half of the fees and costs associated with any binding arbitration.

The parties agree that for the purposes of this Agreement, their Domestic Partnership began on _________________.

No comments: