Gavin Howe
A notarized letter verifying a common-law relationship is a document that confirms an unmarried couple's commitment to each other. Common-law relationships are legally recognized, but they are not formalized through a marriage certificate. Instead, couples can use affidavits or statutory declarations to prove their union. This is particularly important when it comes to claiming certain rights, such as adding a partner to an insurance plan or including them in a benefits package. To obtain a notarized letter, couples can use online services, where they can either draft the document themselves or select from a template. This letter is then signed and stamped by a notary public, who acts as a certified witness.
| Characteristics | Values |
|---|---|
| Purpose | To verify a common-law relationship |
| Relationship type | Informal marriage without a marriage license or certificate |
| Documents | Affidavit, property deed, lease agreement, letter from landlord, joint bank account, joint credit card, etc. |
| Benefits | Adding a partner to a benefits plan, sponsoring a partner to come to a country, or adding them to insurance |
| Legal status | Differs from marriages; varies across provinces/states |
| Online notary services | Available as an alternative to in-person notarization |
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What You'll Learn
Common-law marriage vs. legal marriage
A notarized letter verifying a common-law relationship is a letter that serves as proof of a common-law union. Common-law marriages are legally recognized in some U.S. states and in Canada, and they are formed without a marriage license or certificate. While the specific requirements vary by location, common elements include long-term cohabitation, presenting as a married couple to the public, and having the capacity to marry.
Now, let's compare common-law marriage and legal marriage:
Formation and Recognition:
Common-law marriage is a type of informal marriage that does not require a marriage license or a formal ceremony. It is recognized in a limited number of U.S. states, such as Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and Washington, D.C. The recognition of common-law marriages has been phased out in other states, including South Carolina, which abolished them in 2019. In Canada, common-law relationships are prevalent, with approximately one-fifth of couples choosing this path, according to the 2016 census.
On the other hand, a legal or traditional marriage involves obtaining a marriage license and conducting a civil or religious ceremony. All states in the U.S. recognize legal marriages, and they are also recognized across state lines, even if the ceremony took place in another state.
Rights and Benefits:
In states that recognize common-law marriages, these unions are treated the same as legal marriages in terms of rights and responsibilities. Common-law spouses are eligible for most financial benefits, including Social Security and combining health insurance policies to reduce monthly premiums. They can also inherit property and receive spousal support in the event of a divorce. However, without legal recognition or documents, common-law spouses may face challenges in proving their relationship for inheritance purposes.
Legal marriages also offer similar benefits, including joint filing of tax returns, spousal Social Security benefits, and the ability to add a spouse to insurance plans.
Dissolution:
Both common-law and legally married couples must go through the formal divorce process if they want to separate. Common-law marriages can only be legally ended by divorce in states where they are recognized. Similarly, legal marriages are governed by the divorce laws of the respective state or country.
In summary, the main differences between common-law marriage and legal marriage lie in the formation and recognition of the union, with common-law marriages being less formal and more focused on the couple's mutual agreement and presentation as a married couple. However, once recognized, common-law marriages provide similar rights and benefits as legal marriages, and both types of unions are dissolved through the legal divorce process.
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Affidavits and statutory declarations
A notarized letter verifying a common-law relationship is a letter from a notary public that confirms the validity of a couple's common-law partnership. Common-law relationships are informal marriages without a marriage license or certificate, and each state or province has its own rules regarding what constitutes a common-law marriage.
Statutory declarations, on the other hand, are sworn statements of fact used in various legal contexts, including immigration, property ownership, and governmental benefits. They are often required when applying for government services or benefits and are governed by specific legislation, such as the Canada Evidence Act in Canada.
In the context of common-law relationships, statutory declarations serve as proof of the relationship's existence. They are particularly relevant when dealing with institutions like Immigration Canada, Service Canada, insurance companies, employers, and pension plans, many of which have their own standard forms for this purpose.
To support affidavits and statutory declarations, additional documentation may be required. This can include joint bank account statements, utility bills, lease agreements, photographs, letters, and even affidavits from friends and family members who can attest to the couple's relationship.
It is important to note that providing false information or documents can have serious consequences, and proper legal advice should be sought when navigating these matters.
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Online notary services
A notarized letter verifying a common-law relationship is a document that confirms and proves a common-law partnership. Common-law marriages are informal marriages without a marriage license or certificate, and they are fully recognised in seven states in the US and the District of Columbia.
Common-law couples can use affidavits or statutory declarations to prove their relationship to various institutions, such as Immigration Canada, Service Canada, insurance companies, employers, and pension plans. These institutions often have standard forms that they prefer to be used for this purpose.
Some key providers of online notary services include LawDepot and Brosgall Legal. LawDepot's process involves uploading documents, providing signer and witness details, verifying identities, and joining a video call with the notary public. The cost is $25 for the first seal and $10 for each additional seal. LawDepot also prioritises data protection and uses encryption to safeguard personal information.
Brosgall Legal assists clients in completing their statutory declarations of common-law union (IMM 5409). They ensure that clients understand the declaration and swear that it is true. The procedural requirements include the physical presence of the deponent (client) with the Commissioner of Oaths when signing and orally stating that they make the declaration, believing it to be true.
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Proof of cohabitation
A notarized letter verifying a common-law relationship is a way to prove that a couple is in a committed, conjugal relationship without a marriage certificate. Common-law relationships are informal marriages without a marriage license or certificate, and they are fully recognized in seven US states and the District of Columbia, as well as in Canada.
Since there is no marriage certificate, couples in a common-law relationship may need to provide other forms of evidence to prove their cohabitation and the duration of their relationship. This is especially important when dealing with institutions like Immigration Canada, Service Canada, insurance companies, employers, and pension plans.
- Property deeds or rental agreements: Providing documentation that shows both partners' names on property ownership or a lease agreement can be strong evidence of cohabitation.
- Shared bills and finances: Utility bills, such as electricity, gas, telephone, and internet, that are in both partners' names can be used as proof of cohabitation. Additionally, having joint bank accounts, credit cards, or other shared financial responsibilities demonstrates a financial connection.
- Official IDs: Having government-issued identification cards with the same address can be used as proof of cohabitation.
- Life documents: Sharing essential life documents, such as employment records or insurance benefits that recognize both partners as each other's common-law partners, signifies a mutual commitment.
- Testimonials: Letters or social media information from friends and family acknowledging the relationship and cohabitation can reinforce the notion of a genuine bond.
- Consistent contact: Providing evidence of consistent communication and time spent together through messages, calls, and pictures can contribute to proving cohabitation.
It is important to note that the requirements for proving a common-law relationship may vary depending on the state or province, so it is always a good idea to consult a lawyer or a qualified online notary service for specific guidance.
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Benefits of notarization
Common-law marriage is an informal marriage without a marriage license or certificate. While common-law marriage is recognized in some jurisdictions, it is not universally recognized, and the rules vary significantly across jurisdictions. This leaves many couples puzzled about their legal status, rights, and benefits.
- Notarization of a common-law affidavit helps to formally prove that a couple is living in a committed conjugal relationship. It is a way to protect the relationship and confirm that the couple is in a common-law relationship.
- Notarization can help common-law couples to access similar benefits to married couples, such as spousal benefits from employers, including health insurance, drug coverage, dental benefits, extended medical coverage, and pension benefits.
- A notarized affidavit can also be used to show that a couple meets the requirements to file their taxes as common-law partners, and to qualify for OSAP.
- Notarization can help to simplify the process of proving marital status in legal contexts and during emergencies, especially when it comes to claiming certain rights and benefits that are dependent on marital status.
- Online notary services have made it more accessible than ever to draft and notarize documents, with many services offering video calls or special software to facilitate the process.
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Frequently asked questions
A notarized letter verifying a common-law relationship is a letter that serves as documentary proof of an informal marriage. Common-law marriages are recognized in some regions and are formed without a marriage license or certificate.
You may need to prove your common-law relationship to add your partner to your benefits plan, insurance, or visa application, or to claim certain rights.
Examples include a lease agreement, letters from friends, family, or neighbours, bank statements, credit card statements, health insurance documents, and travel itineraries.
A common-law affidavit is a written document that acts as legally binding proof of a common-law relationship. It can be obtained through online notary services.
A statutory declaration of a common-law union is a document that can be used as proof of a common-law relationship. It must be read and signed in the presence of a Commissioner of Oaths, who will then notarize the document.
