To make the process of drafting and notarizing your Statutory Declaration of Common-Law Union as easy and convenient as possible, NotaryPro offers an online document creator. You can avoid the hassle of making an appointment with a notary public and spend less time drafting a document. Then, you can get it notarized online, in less than 7 minutes.

What is a Statutory Declaration of Common-Law Union? 

A Statutory Declaration of Common-Law Union is a legal document that provides evidence of a common-law relationship between two people.

 In it, a couple declares that they’ve been living together in a committed relationship — similar to a marriage, without a marriage certificate. This document establishes the nature and duration of a relationship for legal, taxation, regulatory, and immigration purposes.  

What is a Common-Law Relationship in Canada?

Federally in Canada, a couple must live together in a committed relationship, for at least one continuous year to be considered common-law. They are also granted common-law status if they share a child by birth or adoption. This definition applies to common-law relationships within the context of federal taxes and immigration procedures. 

The cohabitation must be continuous for a full year, and not intermittent cohabitation adding up to one year. Further, the couple must demonstrate proof of their shared life, which includes confirming whether they have:

• joint financial accounts, including bank, trust, credit union, and charge card accounts; 
• signed a residential lease, mortgage, or purchase agreement relating to their shared residence; 
• property that they own together, other than their shared residence; 
• declared common-law union on their T1 Individual Income Tax Return; or 
• listed one partner as a beneficiary in the other partner’s life insurance policy. 

In contexts outside of federal taxation and immigration, the definition of a common-law union is different in each province and territory. This is because family law falls under provincial law in Canada. 

To determine whether your relationship qualifies as common-law outside of a federal context, check the requirements in your province or territory.

What Details Does a Statutory Declaration of Common-Law Union Require? 

A Statutory Declaration of Common-Law Union requires a couple to provide specific details about themselves and the nature of their relationship. Each partner must sign the declaration and provide the following: 

• The Location of the Declaration: The country and province where the declaration is being made. 
• Personal Information: Both partners’ full legal names, current address, and dates of birth. 
• Relationship Details: The length of time the couple has been in a common-law relationship, and the date they began living together. 
• Evidence of Shared Life: Disclose whether they have joint financial accounts, a shared lease/mortgage, etc. 
• A Solemn Statement: The declarant (person making the declaration) and their partner must declare that the information they’ve provided is true. The couple makes a solemn statement verbally before a notary public, then signs the declaration in their presence. 
• Proof of Notarization: The authorized official confirms each partner’s identity and witnesses their signatures. The official also provides their full name, signature, and official stamp to certify the declaration’s validity.

When Do I Need a Statutory Declaration of Common-Law Union?

A Statutory Declaration of Common-Law Union solidifies the recognition of a common-law relationship for various purposes. Common-law status enables couples to access benefits and rights only available to married or common-law partners. Some situations that require proof of common-law union include: 

Does a Statutory Declaration of Common-Law Union Need to Be Notarized?

Yes, a Statutory Declaration of Common-Law Union must be notarized by an authorized official. This official must either be a notary public, commissioner for taking affidavits, or commissioner of oaths. 

The declarant and their partner must verbally make a solemn statement before an official to affirm the information they’ve provided is true. They must then sign the declaration before the authorized official, who confirms each partner’s identity and witnesses their signatures. 

The official also provides their full name, signature, and official stamp to certify the declaration’s authenticity. You can get your Statutory Declaration of Common-Law Union notarized online with NotaryPro, in under 7 minutes!