§ 767-9. Termination of Domestic Partnership.  


Latest version.
  • (a)

    A domestic partnership terminates when:

    (1)

    One or both partners files a notice of termination of domestic partnership;

    (2)

    One of the domestic partners dies; or

    (3)

    The facts affirmed in the declaration of domestic partnership cease to be true.

    (b)

    Voluntary Termination : Two persons wishing to terminate a domestic partnership must complete and file, either in person or by ground mail, a notice of termination of domestic partnership with the Clerk of Council. The Clerk of Council shall register the notice of termination of domestic partnership in a registry and return a copy of the declaration form to the individuals at the address provided on their notice of termination.

    (c)

    Mandatory Termination : If the facts affirmed in the Declaration of Domestic Partnership cease to be true, one or both parties to a domestic partnership shall file a Notice of Termination of Domestic Partnership with the Clerk of Council. Upon receipt, the Clerk of Council shall return a copy of the notice marked "filed" to each of the partners if jointly filed; or two copies to the filing partner. Unless the partners jointly file the notice, the partner filing the notice shall, within five days, send a copy of the filed notice to the other partner's last known address. However, this requirement shall not apply if the termination is due to the death of one of the domestic partners.

    (d)

    Effective Date of Termination: Termination of a domestic partnership shall be effective upon filing of the Notice of Termination of Domestic Partnership with the City by one or both partners or on the date of the death of one of the domestic partners.

    (e)

    Following the termination of a domestic partnership, the burden of notification rests with each former domestic partner who has received or qualified for any benefit or right based upon the existence of a domestic partnership and whose receipt of that benefit or enjoyment of that right has not otherwise terminated, to give prompt notification to any third party who provides such benefit or right that the domestic partnership was terminated. The City shall not be liable for any injury to any third party by virtue of lack of notice of termination to the domestic partnership, including any third party which has provided any benefits regarding the domestic partnership.

    (f)

    Failure to provide notice to third parties as prescribed in this section shall not delay or prevent the termination of the domestic partnership.

(Ordained by Emer. Ord. 131-2014, § 1, eff. June 4, 2014)