The Domestic Partnership Declaration serves as a crucial document for couples in Malaysia who wish to formalize their relationship through private contract, despite the absence of formal legal recognition for domestic partnerships under Malaysian law. This document becomes particularly relevant when partners need to establish clear terms regarding their shared life, including financial arrangements, property ownership, healthcare decisions, and other practical aspects of their partnership. It's commonly used by couples who cannot or choose not to enter into marriage, yet wish to have a formal framework governing their relationship. The declaration must be carefully drafted to ensure compliance with Malaysian contract law while acknowledging its limitations within the broader legal system. While not providing the same legal rights as marriage, it creates a binding private agreement that can be referenced in various situations, from healthcare decisions to property disputes.
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1. Parties: Identification and details of both partners entering into the domestic partnership declaration
2. Background: Context of the relationship and purpose of creating this declaration
3. Definitions: Key terms used throughout the document
4. Nature of Partnership: Clear statement of the private contractual nature of the agreement and acknowledgment of its limitations under Malaysian law
5. Commencement and Duration: When the partnership begins and whether there's any specified duration
6. Mutual Commitments: General obligations and commitments of the partners to each other
7. Financial Arrangements: How partners will manage shared finances and expenses
8. Property Rights: Treatment of individually and jointly owned property
9. Decision Making: How partners will make important decisions affecting the partnership
10. Termination: Circumstances and process for ending the partnership
11. Governing Law: Specification that the agreement is governed by Malaysian law
12. Dispute Resolution: Process for resolving disagreements between partners
1. Children and Dependents: Arrangements regarding children or dependents, if applicable
2. Healthcare Decisions: Provisions for medical decision-making rights, recommended when partners want to grant each other healthcare proxy rights
3. Insurance Arrangements: Provisions regarding life, health, or other insurance policies, if partners wish to maintain joint coverage
4. Business Interests: Provisions regarding shared business interests or professional practices, if applicable
5. Religious or Cultural Observances: Specific arrangements regarding religious or cultural practices, if relevant to the partners
6. Immigration Status: Provisions addressing immigration considerations, if one partner is not a Malaysian citizen
7. Intellectual Property Rights: Provisions regarding shared intellectual property, if applicable to the partners' situation
1. Schedule A - Asset Register: Detailed list of individual and jointly owned assets at the time of declaration
2. Schedule B - Financial Obligations: List of existing debts and financial obligations of each partner
3. Schedule C - Living Arrangements: Details of shared residence and housing arrangements
4. Schedule D - Powers of Attorney: Forms and details for any powers of attorney granted between partners
5. Appendix 1 - Financial Planning: Detailed financial arrangements and agreements between partners
6. Appendix 2 - Personal Property Inventory: Detailed inventory of personal property owned by each partner
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