Gavin Howe
In Ontario, Canada, common-law partners are not required to file a common-law affidavit. However, they may choose to do so to prove their status as common-law partners for various purposes, such as claiming government benefits or sharing certain legal rights. An affidavit of common-law marriage is a legal document and a sworn statement that verifies that two people are married. It is often used as an alternative to a marriage certificate. In Ontario, two people are considered common-law partners if they have cohabited for at least three years or if they have a child together and have cohabited for at least one year. An affidavit can be obtained from a lawyer or notary public, and couples can use a template to create their own.
| Characteristics | Values |
|---|---|
| Purpose | To establish the existence of a common-law relationship, typically for employment or beneficiary benefits |
| Requirements | Must have lived together for at least three years or for one year if they have a child together |
| Who can issue it | Lawyer, commissioner of oaths, or notary public |
| Submission | Can be submitted to employers or other authorities, such as universities |
| Format | Can be filled online, printed, or handwritten |
| Cost | $5.00 plus HST |
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What You'll Learn
Common-law marriage vs legal marriage
In Ontario, adult relationships are recognized as either common-law or legally married unions. Common-law relationships do not require a ceremony or registration, and the status is determined by the length and nature of the relationship. On the other hand, a legally recognized marriage requires a formal ceremony performed by an authorized officiant and registration with the government.
Common-Law Marriage
Common-law marriage, also known as a common-law relationship, is a type of union that is recognized in Ontario without the need for a formal ceremony or registration. Two people are considered common-law partners if they have cohabited for at least three years or one year if they have a child together. While no official documentation is required to enter into a common-law relationship, couples may choose to create a cohabitation agreement with the help of a lawyer to protect their rights and establish their claims in the event of a separation.
To prove a common-law relationship, couples can provide evidence such as shared leases or property, joint bank accounts, and affidavits from friends or family. Additionally, couples can obtain an affidavit of their common-law relationship from a lawyer or notary public, which confirms the length of time they have cohabited and lists other evidence of their committed relationship. This affidavit can be used to access spousal benefits, such as health insurance and pension benefits, and to file taxes as common-law partners.
Legal Marriage
A legal marriage in Ontario requires adhering to specific legal procedures. Firstly, a couple must obtain a marriage license from recognized officials, which is valid for 90 days during which the wedding ceremony must take place. After the ceremony, the couple receives a marriage certificate, which serves as legal proof of their union and is essential for asserting their legal rights and responsibilities.
Legal marriage provides more straightforward legal protections, especially concerning property division and inheritance. Married couples are entitled to an equal share of the net family property in the event of a divorce, while common-law partners need to establish claims based on individual contributions. Additionally, married couples have broader protections and entitlements in areas such as spousal support, child custody, and tax implications.
In summary, while common-law marriage offers flexibility and autonomy, legal marriage provides more comprehensive legal rights and protections. Couples considering either option should seek guidance from legal professionals to understand the specific implications and ensure their rights are protected.
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When to get an affidavit
An affidavit of common law marriage in Ontario is a legal document that confirms the existence of a common-law relationship. It is a sworn statement that sets out the length of time the couple has cohabited and provides other evidence to show that they are in a committed relationship.
In Ontario, two people are considered common-law partners if they have cohabited for at least three years. If they have had a child together, they are regarded as common-law partners if they have cohabited for at least one year.
- To prove your relationship status: An affidavit can be used to formally prove that you are in a committed conjugal relationship, especially if there is no marriage or formalized partnership. It can be used to confirm that you meet the requirements of common-law partners in Ontario, which is important for legal and financial purposes.
- To access spousal benefits: Common-law couples may need an affidavit to qualify for spousal benefits, such as health insurance, drug coverage, dental benefits, extended medical coverage, and pension benefits. Many employer insurance and health benefit plans allow employees to add their common-law spouses, but they may need to prove the validity of their relationship.
- To file taxes: An affidavit can be used to show that a couple meets the requirements to file their taxes as common-law partners.
- To qualify for loans and government assistance: Affidavits can be used when applying for loans, such as OSAP (Ontario Student Assistance Program) loans, or other government assistance programs that require proof of relationship status.
- To establish legal rights: While common-law relationships do not have the same legal rights as marriages, an affidavit can help establish certain legal rights associated with being in a common-law relationship. For example, in the event of a relationship breakdown, an affidavit can be used to establish spousal and child support, as well as access and care of children.
It is important to note that an affidavit of common law marriage is not the same as a marriage license, and it does not confer all the legal rights and responsibilities of married couples. However, it can be a useful tool for common-law couples to access certain benefits and establish their relationship status.
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Who can notarize it
In Ontario, a notary public is appointed by the Ontario Government. The Notaries Act authorizes the government to appoint lawyers, paralegals, and some civil servants to act as notaries.
However, not all lawyers and paralegals are notaries, so not every legal professional has the authority to notarize a document. When seeking a notary public in Toronto or anywhere in Ontario, you must ensure that the individual you choose is appointed under the Notaries Act. Licensed lawyers and paralegals in good standing with the Law Society of Ontario (LSO) can apply to become a notary public. Some civil servants can also apply to be a notary public in certain situations.
In Ontario, individuals appointed as a notary public under the Notaries Act have the authority to notarize documents. A notary public can verify the authenticity of signatures and documents, and certify true copies of documents. Notarization ensures that documents are genuine and trustworthy. The process is often required for legal proceedings, immigration matters, property transfers, and international agreements or transactions.
Some examples of professionals who can be appointed as a notary public include:
- Lawyers
- Paralegals
- Municipal clerks
- Civil servants
There are several online and in-person notary services available in Ontario, such as:
- Notarize.ca
- Red Seal Notary
- NotaryPro
- Downtown Notary
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What to include in the affidavit
In Ontario, Canada, common-law partners are not required to file a common-law affidavit. However, they may choose to do so to prove their status as common-law partners for various purposes, such as claiming government benefits or sharing certain legal rights. An affidavit of common-law marriage is not the same as a marriage license. It does not confer the same legal rights or responsibilities on either partner as a traditional marriage. However, many insurance companies and other businesses will recognize the affidavit as proof of your relationship and may provide benefits accordingly.
An affidavit is a written document as legally binding as swearing under oath. When you sign an affidavit, you confirm that all of the facts and information provided are, to the best of your knowledge, true. An affidavit of common-law marriage is a legal document and a sworn statement submitted to the court, university, or another institution to verify that two people are married.
When filing an affidavit of common-law marriage, you must include the following:
- Each spouse's information, including proof that each spouse is over the age of 18.
- Confirmation that the couple has lived together for the minimum required amount of time, which is typically three years of continuous cohabitation in Ontario. If the couple has a child together, the minimum requirement is one year of cohabitation.
- Statements from friends and family confirming that they consider the couple to be married, even though they are not legally married.
- Proof that the couple is cohabiting and behaving as if they are married, such as evidence of shared finances, joint contributions to household chores, or any other relevant information.
- If applicable, proof that the spouse is included in a will, life insurance, or any other beneficiary benefits.
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How to share the affidavit
An affidavit of a common-law relationship in Ontario is a legal document that confirms a couple is in a common-law partnership. It is not the same as a marriage license, and it does not confer the same legal rights and responsibilities as married couples. However, it can be used to access spousal benefits from employers, such as health insurance, and can be used when filing taxes.
Now, onto the main topic of focus: how to share the affidavit. Here are some ways to do so:
In-Person Delivery
This is a traditional method of sharing affidavits. Affidavits are legal documents that must be signed in front of a witness, and the affiant must swear that the facts are true and correct. The witness is often a notary public, but they could also be anyone willing to swear that the signature is authentic. Once the affidavit is signed and notarized, it can be hand-delivered to the intended recipient, ensuring the document is secure and reaches the correct person.
If you wish to share the affidavit electronically, email is a viable option. Scan the notarized affidavit or save it as a digital document and send it as an attachment. Ensure that you are sending it to the correct email address and, if necessary, encrypt the document for added security.
Online Notary Services
Some notary services, such as Notarize.ca, offer the option to notarize your affidavit online. This provides a digital "paper trail" that offers a high level of security. After the affidavit is notarized online, you can share it with the relevant parties through a secure platform or via email, as mentioned above.
Postal Mail
If you prefer, you can send the affidavit via postal services. Make sure to use registered mail or a trackable service to ensure the document's security and confirm delivery. This method may take longer but can be a reliable way to share the affidavit, especially if the recipient is located far away or if email communication is not preferred.
Through an Authorized Representative
In some cases, you may choose to share the affidavit through an authorized representative, such as a lawyer or another designated individual. This person can deliver the affidavit on your behalf, ensuring it reaches the intended recipient securely and confidentially.
Remember, when sharing an affidavit, it is essential to consider the sensitivity of the information it contains and to use secure methods of transmission. Always follow any specific instructions or requirements provided by the recipient to ensure the affidavit is received and accepted.
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Frequently asked questions
An affidavit of common law marriage is a legal document that confirms that two people are in a common-law relationship. It is a sworn statement that sets out the length of time the couple has cohabited and lists other evidence to show that they are in a committed relationship.
Common-law couples may face difficulties when it comes to qualifying for employer plans because they may need to prove the validity of their relationship. Couples can use the affidavit to apply for spousal benefits from their employers, such as health insurance, and to show that they meet the requirements to file their taxes as common-law partners.
In Ontario, you can get an affidavit of common law marriage from a lawyer or a notary public/commissioner of oaths. You can use an online notary service to get your affidavit confirming your relationship.
An affidavit of common law marriage is not the same as a marriage license. An affidavit states that you are in a common-law relationship but does not confer all the legal rights of married couples.
