A statutory declaration of common-law union is often required for various purposes by governmental agencies, both in Canada and other countries around the world where common-law relationship is also legally recognized. The legal definition of a common law relationship depends on the legislation, matter, and circumstances ranging from living together over a 12-month period to 36-month duration caring for a child.
The specific format or template depends on which agency requires such declaration to be executed before a commissioner of oaths. Often these agencies have their own template that must be completed by the applicant(s)/affiant(s)/declarant(s). Therefore, one should contact the agency directly to seek advice where and how to obtain such statutory declaration template.
If the agency does not have a formal form or template of its own, then it is certainly acceptable to execute a general statutory declaration to address the issues directed at supporting the common-law relationship between individuals. These issues may include, but not limited to, the place, date or circumstance that formed the relationship as well as description regarding shared properties in title/name between the individuals, such as bank accounts.
The following are some example scenarios where a statutory declaration of common-law union may be required to be commissioned before a notary public or a commissioner of oaths:
- Statutory Declaration of Common-Law Union for Immigration purposes.
- Statutory Declaration of Common-Law Union for application for benefits under the Canada Pension Plan and Old Age Security Act.
- Statutory Declaration of Common-Law Union for court related matters.
- Statutory Declaration of Common-Law Union to purchase or sell real estate property.
- Statutory Declaration of Common-Law Union for OSAP application.
- Statutory Declaration of Common-Law Union for same-sex relationship.
- Statutory Declaration of Common-Law Union to use your common-law partner’s last name.