ORS 106.325
Contents of declaration

  • filing with county clerk
  • registry
  • consent to circuit court jurisdiction

(1)

Two individuals wishing to become partners in a domestic partnership may complete and file a Declaration of Domestic Partnership with the county clerk.

(2)

In accordance with the requirements of this section, the county clerk shall register the Declaration of Domestic Partnership in a domestic partnership registry and return a copy of the registered form and a Certificate of Registered Domestic Partnership to the partners in person or at the mailing address provided by the partners.

(3)

An individual who has filed a Declaration of Domestic Partnership may not file a new Declaration of Domestic Partnership or enter a marriage with someone other than the individual’s registered partner unless a judgment of dissolution or annulment of the most recent domestic partnership has been entered. This prohibition does not apply if the previous domestic partnership ended because one of the partners died.

(4)

Each individual signing a Declaration of Domestic Partnership consents to the jurisdiction of the circuit courts of Oregon for the purpose of an action to obtain a judgment of dissolution or annulment of the domestic partnership, for legal separation of the partners in the domestic partnership or for any other proceeding related to the partners’ rights and obligations, even if one or both partners cease to reside in, or to maintain a domicile in, this state. Notwithstanding ORS 107.086 (Where to file petition), a petition for dissolution or annulment of the domestic partnership, for legal separation of the partners in the domestic partnership or for any other proceeding related to the partners’ rights and obligations may be filed in the county in which either the petitioner or respondent last resided.

(5)

On the Declaration of Domestic Partnership, each individual who wants to become a partner in a domestic partnership shall:

(a)

State that the individual is at least 18 years of age and is otherwise capable to enter into a domestic partnership at the time the individual signs the form;

(b)

State whether the individual is a resident of Oregon;

(c)

Provide a mailing address;

(d)

State that the individual consents to the jurisdiction of the circuit courts of Oregon for the purpose of an action to obtain a judgment of dissolution or annulment of the domestic partnership or for legal separation of the partners in the domestic partnership, or for any other proceeding related to the partners’ rights and obligations, even if one or both partners cease to reside in, or to maintain a domicile in, this state;

(e)

Indicate the individual’s name after domestic partnership as provided in ORS 106.335 (Name upon entering into domestic partnership);

(f)

Sign the form with a declaration that representations made on the form are true, correct and contain no material omissions of fact to the best knowledge and belief of the individual; and

(g)

Have a notary public acknowledge the individual’s signature.

(6)

Both partners’ signatures must be affixed to one Declaration of Domestic Partnership form. Filing an intentionally and materially false Declaration of Domestic Partnership is punishable as a misdemeanor.

(7)

The county clerk may accept any reasonable proof of an individual’s age satisfactory to the clerk. The clerk may require proof of age by affidavit of some individual other than either of the parties seeking to file the Declaration of Domestic Partnership if the clerk deems it necessary in order to determine the age of the individual to the clerk’s satisfaction.

(8)

The county clerk may not register a Declaration of Domestic Partnership or return a copy of the registered form and a Certificate of Registered Domestic Partnership to the partners until the provisions of this section, ORS 106.330 (Registration fee) and all other legal requirements are complied with.

(9)

Notwithstanding ORS 432.350 (Vital records exempt from public disclosure) or any other provision of law, the registry of domestic partnerships maintained by a county clerk is a public record and subject to full disclosure. [2007 c.99 §6; 2009 c.561 §3]
Note: See note under 106.300 (Short title).

Source: Section 106.325 — Contents of declaration; filing with county clerk; registry; consent to circuit court jurisdiction, https://www.­oregonlegislature.­gov/bills_laws/ors/ors106.­html.

Notes of Decisions

Oregon law does not recognize common-law marriage partner as equivalent to wife or spouse; thus, where plaintiff was in common-law marriage but did not register for domestic partnership under this section, plaintiff was not entitled to receive benefits under registered domestic partnership scheme and did not fall within class of designated payees for purposes of 11 U.S.C. 523. Sato v. Hanlon, 557 B.R. 801 (Bkrtcy. D. Or. 2016)

Green check means up to date. Up to date

Current through early 2024

§ 106.325’s source at oregon​.gov