Common Law Declarations

Common law declarations are often a standard form document issued by the government or, when an appropriate, employer, in which the party (or parties) swear or affirm that they meet the requirements of a common-law union. 

A common law declaration notary may be necessary, in the context of the government, for tax, pension, immigration, or student assistance applications.

Common law declarations may be necessary, in the context of employment, may be necessary for the extension of benefits/insurance/pension benefits to the common law partners of an employee.

Are you looking for a Notary Public Mississauga to assist with the common law declaration notary? Contact The Notary Guy today to help with all your Notary Public Mississauga needs. 


A common law declaration is a written statement made under oath or affirmation that confirms the existence of a common law relationship between two people. Common law relationships are also known as ‘cohabitation’ or ‘marriage-like’ relationships and are recognized in some jurisdictions as legal relationships (similar to marriage).

To make the declaration, you need to find an authorized person to administer oaths in your jurisdiction, such as a notary public or a lawyer. You will then need to swear or affirm that you are in a common law relationship with the other person and that the statements contained in the declaration are true to the best of your knowledge.

A common law declaration should include the names and contact information of both parties, as well as a statement that confirms that the parties have been living together in a marriage-like relationship for a specific period of time. It also needs to include a statement that indicates how the parties have ‘not been married’ or been in a common law relationship with anyone else during this period.

Yes, it is a legally binding document that can be used as evidence in a court of law. If you make a false claim in a common law declaration, you may be charged with perjury which is a serious criminal offense.

A common law declaration can be challenged in court if it is proven that the statements contained are false and the parties were not in a common law relationship at the time when the statement was made. However, such challenges are typically rare.

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