Jul 12

Jul 12 Affidavits of Common Law Relationships for Insurance Benefits in the Province of Ontario

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.

What is a common law 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.

What is an affidavit?

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.

What is an affidavit of common law relationship?

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.

How to Get an Affidavit of Common Law Relationship in Ontario

Your insurance company or the organization to whom you are submitting the affidavit may have a template affidavit that you could use. If they don’t, 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:

lease agreements
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.

Common Law vs. Marriage License

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.

Can Downtown Notary notarize affidavits of common law relationships?

Yes! We can help you complete your affidavit of common law relationship at one of our convenient in-person locations.

We can also complete your affidavit of common law relationship with our online commissioning services. This is how it works:

Create your secure account and book your appointment
Meet with your notary professional by video conference
Electronically sign the custodianship declaration and download the completed document
Done!

If you and your partner are not in the same location, that’s okay! 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.