The Affidavit of Common Law Marriage is a crucial document in the Canadian legal framework where common law relationships are widely recognized but governed by varying provincial and federal regulations. This sworn statement is typically required when common law partners need to formally establish their relationship status for purposes such as immigration applications, insurance coverage, pension benefits, or legal proceedings. The document includes detailed declarations about the relationship's nature, duration of cohabitation, financial interdependence, and social aspects of the partnership. It must be sworn before a authorized official such as a Commissioner of Oaths or Notary Public. The affidavit often requires supporting documentation and must comply with specific provincial requirements, as the definition and rights of common law partnerships can differ across Canadian jurisdictions.
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1. Opening Declaration: Formal opening stating the names of deponents, their current address, and that the statement is made under oath
2. Personal Information: Details about both partners including full legal names, dates of birth, current address, and contact information
3. Relationship Statement: Declaration of when the common law relationship began, including the date cohabitation started and when the parties considered themselves to be in a marriage-like relationship
4. Cohabitation Details: Information about shared residences, including addresses and dates of cohabitation
5. Relationship Facts: Description of how the couple lives together as a family unit, including shared responsibilities, financial arrangements, and public representation as a couple
6. Prior Relationships: Statement regarding any previous marriages or common law relationships and their termination dates
7. Declaration of Truth: Formal statement affirming that all information provided is true and accurate
8. Notarization Block: Space for notary public or commissioner of oaths to witness and stamp the document
1. Children of the Relationship: Details about any children from the relationship or previous relationships, including custody and living arrangements (included when there are children involved)
2. Property Ownership: Details of jointly owned property and assets (included when proving financial interdependence is particularly important)
3. Immigration Status: Information about citizenship and immigration status (included when the affidavit is being used for immigration purposes)
4. Religious or Cultural Practices: Description of religious or cultural ceremonies or practices that support the relationship (included when relevant to establishing the relationship)
5. Health Benefits: Information about shared health insurance or benefits (included when the affidavit is being used for insurance or benefits purposes)
1. Schedule A - Proof of Cohabitation: Copies of lease agreements, mortgage documents, or utility bills showing shared residence
2. Schedule B - Financial Documents: Copies of joint bank accounts, shared credit cards, or other financial documents showing financial interdependence
3. Schedule C - Supporting Declarations: Statutory declarations from family members, friends, or professionals who can attest to the relationship
4. Schedule D - Identification Documents: Copies of government-issued ID for both parties
5. Schedule E - Photography and Correspondence: Photographs, letters, or other documentation showing the history and nature of the relationship
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