Many employer insurance and health benefit plans allow employees to add their common law spouses to their plans. However, common law couples may face difficulties when it comes to qualifying for employer plans because they may need to prove the validity of their common law relationship. In some situations, couples must obtain an affidavit of their common-law relationship from a lawyer or notary public.
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.
An affidavit is a legal document prepared by a witness to attest to facts of which the witness has personal knowledge. The document is signed under oath before a commissioner of oaths or notary public.
An affidavit of common law relationship is a document that confirms that two people are in a common law relationship. The affidavit must be sworn and signed by both partners before a notary public or commissioner for taking oaths.
Couples who are common law partners can get an affidavit of common law relationship from a notary public or commissioner of oaths. The affidavit 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.
Couples can use the affidavit to apply for spousal benefits from their employers, such as health insurance, drug coverage, dental benefits, extended medical coverage and pension benefits. The affidavit can also be used to show that a couple meets the requirements to file their taxes as common law partners or to qualify for OSAP.
You may be able to get an affidavit form from your employer, insurance company or the organization to which you are submitting the completed affidavit.
If they do not have a pre-made form, you can use our free joint affidavit template to create your own. You can access the template here: Joint Affidavit Template.
Generally, the affidavit should state your and your partner’s full legal names, your current address and the date you began living together. Once you have your affidavit prepared, you and your partner will need to meet with a notary or commissioner for taking affidavits to swear and sign the affidavit.
The receiving agency may also require additional proof of your relationship, including:
● joint bank statements
● bills with both of your names on them
● if you have any children together, copies of your children’s birth certificates
If you aren’t sure if you need to provide additional documents, contact the insurance company or receiving organization for clarification.
It is important to note that an affidavit of common law relationship is not the same thing as a marriage license. The affidavit states that you are in a common law relationship but it does not confer all married couples’ legal rights or responsibilities on either partner. However, many insurance companies and other businesses will recognize the affidavit as proof of your relationship and may provide you with benefits accordingly.
Yes! Affidavits of common law relationships can be notarized virtually. Notarize.ca makes it easy to notarize your affidavits online in minutes. This is how it works:
If you and your partner are not in the same location, that’s okay! With Notarize.ca, you can schedule a virtual notary appointment for multiple signers, even if they’re not in the same city, province or even country. All you need to do is add the second signer to the appointment when you complete your booking.
Can’t find an appointment time that works for everyone? No problem - you and your partner can set up separate notary appointments at times that work for each of you.
Ready to get started? Book your online notary appointment today!
Have more questions about online notarization for affidavits of common law status? We’re here to help. Contact us at hello@notarize.ca or call us at (888) 632-9971.