Domestic Partnerships
New Jersey’s Domestic Partnership Act, which created a statewide domestic partnership registry, was enacted to protect the rights of certain couples by extending to them a subset of the benefits of marriage. It went into effect on July 10, 2004 and has since been amended by the Civil Union Act, which became effective on February 19, 2007.
Under the original Domestic Partnership Act, unmarried same-sex couples age 18 or older and heterosexual couples age 62 or older who met the requirements spelled out by the Act could register a domestic partnership. Now that the Civil Union Act has gone into effect, the opportunity to register a domestic partnership is only available to same-sex or opposite-sex couples 62 years of age or older; no additional same-sex couples under 62 years of age can register.
Domestic partnerships registered prior to February 19, 2007 are still valid and the couples are afforded the rights and benefits of domestic partners.
Eligibility requirements to register a domestic partnership
To be eligible to register a legally recognized domestic partnership in New Jersey, you and your partner must be a same-sex or opposite-sex couple who are both 62 years of age or older. Couples must meet the following requirements:
- Share a common residence in New Jersey or in any other jurisdiction provided that at least one of the partners is a member of a New Jersey state-administered retirement system.
- Both partners are jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property.
- Both partners agree to be jointly responsible for each other’s basic living expenses during the domestic partnership.
- Neither partner is in a marriage or civil union recognized by New Jersey law or a member of a domestic partnership with another individual.
- Neither partner is related to the other by blood or affinity up to and including the fourth degree of consanguinity.
- Both partners have chosen to share each other’s lives in a committed relationship of mutual caring.
- Neither partner has 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).
Basic steps to register a domestic partnership
The applicants must execute an Affidavit of Domestic Partnership then file it with a local Registrar of Vital Statistics. The affidavit does not have to be filed or registered in the municipality in which the domestic partners reside. There is no waiting period.
For your convenience, we have made the Affidavit of Domestic Partnership available online. In order to view it, you will need the freely available Adobe Reader software installed on your computer, version 4 or higher. This is a “fillable form” and may be filled out on your computer. Complete instructions are provided on the first page of the form.
You are not required to download and complete the affidavit in advance of your visit to the Registrar but doing so will make the process that much easier. If you do complete the affidavit in advance, please do not sign it.
Both partners must appear together at the Registrar’s office to file the Affidavit of Domestic Partnership because it must be signed by both partners at the same time in the presence of a notary public and then notarized. Unlike other municipalities, Randolph has several notary publics on staff which means you will be able to execute the affidavit, have it notarized and then file it all in one visit.
Once the affidavit is filed, the Registrar creates a Certificate of Domestic Partnership which again, both partners must sign. Domestic partnerships are not considered registered until the affidavit has been filed with a Registrar’s office and the Certificate of Domestic Partnership has been issued.
How much does it cost to register a domestic partnership?
The fee for registering a domestic partnership is currently $28.
What to bring with you when you come
Each partner must supply valid identification that establishes name, age, date of birth and proof of residency. This may be accomplished 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.
If the residence is outside 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 Pension and Benefits:
- Personal Benefits Statement from the current or previous year
- 1099R from the current or previous year
- Certificate of Pension Membership
Applicants must also provide proof of joint financial responsibility, evidenced by at least one of the following documents:
- joint deed, mortgage agreement or lease
- joint bank account
- designation of one of the persons as primary beneficiary in the other person’s will
- designation of one of the persons as primary beneficiary in the other person’s insurance policy or retirement plan
- joint ownership of a motor vehicle
Please call ahead for an appointment.
The Registrar may be reached by calling 973.989.7050.
Further information regarding domestic partnerships is available at the
Department of Health and Senior Services web site.