Common-Law Declarations

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21 King St W, Hamilton, ON L8P 4W7
289-207-0851
info@csnotary.org

Common-Law Declarations

When handling personal, financial, or immigration matters requiring proof of a common-law partnership, establishing your relationship status with clear legal authority is essential. At Crown Seal Notary, we provide reliable, efficient commissioning and notarization services for Common-Law Declarations and IRCC Statutory Declarations of Common-Law Union across Hamilton and the Greater Toronto Area (GTA).

A Common-Law Declaration is a formal statutory statement made under oath where two partners affirm their conjugal relationship, joint residency, and shared financial affairs. Because common-law relationships are not officially registered in Ontario the same way as traditional marriages, institutions, courts, and immigration agencies heavily scrutinize claims of common-law status. To ensure these declarations carry full legal weight and are accepted without administrative delays, they must be signed, dated, and formally commissioned in the presence of an appointed Notary Public or Commissioner of Oaths.

Two Common Types of Declarations We Handle

		Depending on your specific situation, your document will typically fall into one of two categories:		
	

Domestic Common-Law Declarations: These statements are used within Ontario for legal, financial, and employment purposes. They are frequently required to enroll a partner in company health benefit and dental insurance plans, update pension or life insurance beneficiaries, co-sign residential leases, or handle joint banking and tax arrangements.
IRCC Statutory Declaration of Common-Law Union (Form IMM 5409): If you are submitting an application to Immigration, Refugees and Citizenship Canada (IRCC)—such as spousal/partner sponsorship, open work permits, or permanent residency applications—IRCC strictly mandates a Statutory Declaration of Common-Law Union (Form IMM 5409). This form formally attests under oath that both partners have cohabited continuously in a conjugal relationship for at least 12 months. Page 1 (Custodian Section): Must be signed by the appointed custodian located in Canada and notarized by a Canadian Notary. Page 2 (Parents/Guardians Section): Must be signed by the parents or legal guardians in the child’s home country and witnessed by a local official there.

Essential Requirements for Your Appointment

To ensure a seamless verification process and prevent administrative rejections, please note the following protocols prior to booking: Personal Appearance Required: Both partners named in the declaration must appear live before our Notary Public. Signature witnessing cannot be completed if one partner is absent. Do Not Sign in Advance: To remain legally valid, both parties must sign and date the document directly in front of our Notary during your session. Bring Valid Identification: Both signing partners must present at least one piece of unexpired, government-issued photo ID featuring their full legal name and a clear photograph (e.g., a Canadian passport, driver’s licence, PR card, or citizenship certificate).

Frequently Asked Questions

What is a Common-Law Declaration?

A Common-Law Declaration is a sworn legal statement in which two individuals formally state that they have lived together in a committed, conjugal relationship for a specified period. It details both partners' personal information, cohabitation dates, shared address history, and financial interdependence.

Are common-law relationships automatically registered in Ontario?

No. Unlike traditional marriages, Ontario does not issue government registry certificates for common-law status. Because there is no official central registry, third-party institutions rely on notarized statutory declarations to verify the legal validity of your partnership.

Do both partners need to attend the notarization session?

Yes. Both partners must be present together during the appointment (whether in person or via live video session) to declare the statement under oath and execute their signatures before the Notary.

What qualifies as a common-law relationship for IRCC immigration applications?

For Immigration, Refugees and Citizenship Canada (IRCC), a common-law partnership requires a minimum of 12 consecutive months of continuous cohabitation in a conjugal relationship. The IMM 5409 form must be accompanied by supporting proof, such as joint leases, shared bank accounts, or matching utility bills.

Can a Common-Law Declaration be completed online remotely?

Yes. We offer remote online commissioning and notarization, allowing both partners to join a secure live video call, complete digital identity verification, and electronically sign their Common-Law Declaration or IMM 5409 form from anywhere.

Secure Your Child’s Documentation: Schedule Your Appointment Today

Don’t let administrative delays or unnotarized paperwork slow down your family court file, school registration, or international study permit application. Crown Seal Notary makes the entire validation process fast, transparent, and completely stress-free.

We offer rapid in-person appointments within Hamilton, alongside premium Mobile & In-Office Notary Services services across the Greater Toronto Area (GTA) where our team travels directly to your home, office, or hospital room to witness your paperwork.

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Common-Law Declarations

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