The DBA is the most flexible and creative attempt yet by a state to recognize and protect various relationships.
First, courts can provide clearer and more consistent protection to unmarried cohabitants. Right now, their legal lot is a sorry one. The rules vary greatly, not only from one state to the next, but even from one judge to the next. Most, but not all courts, will recognize contractual agreements between the two partners. Some states will allow a claim based on fairness but not all courts do so, and in any case the results are wildly unpredictable.
Colorado has already laid the groundwork for a creative, flexible solution to the actual legal needs of adults in committed relationships: the designated beneficiary agreement law , which is a brilliant piece of legislation. It can and should be retooled and expanded. It can do so much good for so many.The DBA was born of creativity.
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