Publication Date
2007
Abstract
This Article contends that domestic partnership based upon business partnership law and associated fiduciary duties would better serve more couples, their families, and society as a whole than marriage law does now. Four problems-the rising divorce rate, the poverty of some "divorced" children and their custodians, the same-sex marriage controversy, and families that exist without a formal legal acknowledgment-have increased concerns about the viability of marriage as an institution that promotes domestic stability and economic security. As a response and solution, Professors Drobac and Page propose a Uniform Domestic Partnership Act, modeled after the Uniform Partnership Act (1914) for businesses. They suggest this contractual,fiduciary status as a substitute for marriage and recommend that marriage continue, without legal significance, under the exclusive control of religious institutions. By demonstrating that modern couples expect civil marriage to provide something different than couples expected historically and by showcasing the utility of business partnership law features, such as fiduciary duty, agency, and limited partnership, this Article proposes a legal structure for domestic enterprises. Actually, it offers four model, but adaptable,solutions: the Filial Domestic Partnership, the Enduring Domestic Partnership, the Care giving Domestic Partnership, and the Provisional Domestic Partnership. This Article provides a model partnership application form, and language ready for legislative adaptation and implementation.
Recommended Citation
Drobac, Jennifer A. and Page, Antony
(2007)
"A Uniform Domestic Partnership Act: Marrying Business Partnership and Family Law,"
Georgia Law Review: Vol. 41:
No.
2, Article 2.
Available at:
https://digitalcommons.law.uga.edu/glr/vol41/iss2/2