5.40.030 Statement of civil union – Additional evidence of civil union.
A. Civil union partners may make an official record of their civil union by executing a “civil union registration statement” on the form prescribed by the city.
B. The statement must include a declaration that the persons are in a relationship of mutual support, caring and commitment and are responsible for each other’s welfare. For these purposes, “mutual support” means that they contribute mutually to each other’s maintenance and support.
C. The statement must include a declaration that both persons agree to file a termination of the civil union if there is a change in the status of their relationship such that they cease to meet the criteria for a civil union under this chapter.
D. The statement shall include the date on which the civil union was registered, and the mailing addresses of both partners. The civil union statement shall further state that the civil union partners meet the criteria set forth in SCC 5.40.020.
E. In addition to the registration statement, civil union partners may submit to the city, and the city shall maintain, a statement or list describing any additional documents, such as contracts and agreements that document the rights, responsibilities and obligations that the civil union partners have established by and between each other. In order to prevent public access to private personal information, civil union partners may not submit, and the city will not maintain, the contracts and agreements themselves. By way of example, the statement or list of additional documents evidencing the parties’ civil union may include a description of:
1. Agreements between the parties regarding the management and ownership of real and personal property.
2. Agreements between the parties regarding the obligations that either or both may have agreed to assume regarding the existing children or other family members of one or both of the parties.
3. Agreements between the parties regarding the obligations that either or both may have agreed to assume regarding prospective children of one or both of the parties.
4. Agreements between the parties regarding the disposition of their property upon the death of either party.
5. Agreements for resolving any disputes that may arise should the relationship dissolve, through alternative dispute resolution procedures or otherwise.
6. Documents that establish any other rights or obligations that may be legally exchanged by and between the parties.
F. As part of the registration statement, the parties to a civil union may include a statement describing their shared intentions regarding the scope of the relationship, regardless of whether or not they have entered into any contracts or agreements of the kind described in subsection (E) of this section.
G. Any documents described in the statement or list provided to the city pursuant to subsection (E) of this section, and any statement of shared intent provided pursuant to subsection (F) of this section, shall only be effective as provided under Arizona law and any other applicable law, and the fact that the statement or list has been submitted to the city and/or is maintained by the city shall not affect whether those documents are enforceable or binding upon the parties thereto. For example, some agreements may require additional documentation or formalities in execution in order to effectuate their intent under Arizona law. [Ord. 2013-05 § 1, 9-24-2013; Res. 2013-21 Exh. A, 9-24-2013].