Affidavit Of Cohabitation Template for Canada

An Affidavit Of Cohabitation is a sworn legal statement that formally establishes proof of your common-law relationship in Canada. This document serves as crucial evidence when you need to demonstrate that you and your partner live together in a conjugal relationship without being legally married. The affidavit must be completed under oath before a commissioner of oaths or notary public, making it a legally binding declaration with serious consequences for providing false information.

When do you need this document?

You will typically need an Affidavit Of Cohabitation when applying for spousal immigration sponsorship through Immigration, Refugees and Citizenship Canada (IRCC). Insurance companies often require this document to add your common-law partner to health, dental, or life insurance policies. Government benefit programs, including Canada Pension Plan survivor benefits and Employment Insurance, may request proof of cohabitation to determine eligibility. Financial institutions use these affidavits when adding partners to mortgages, loans, or joint accounts. Legal proceedings involving property division, custody disputes, or inheritance claims may also require formal proof of your cohabiting relationship.

Key legal considerations

Your affidavit must include specific details about when your cohabitation began, including exact dates and addresses where you have lived together. You need to describe the nature of your relationship, demonstrating that it resembles a marriage-like partnership with shared responsibilities, finances, and social activities. The document should detail your financial interdependence, such as joint bank accounts, shared expenses, or mutual financial support. Social aspects of your relationship, including how you present yourselves to family and friends, are equally important. Remember that providing false information in a sworn affidavit constitutes perjury under the Criminal Code of Canada, which carries serious penalties including potential imprisonment.

Legal requirements in Canada

Under the Family Law Act in most provinces, common-law relationships are generally recognized after 12 months of continuous cohabitation, though this varies by province and purpose. Federal legislation like the Immigration and Refugee Protection Act requires one year of cohabitation for spousal sponsorship applications. Your affidavit must be sworn before a commissioner of oaths, notary public, or lawyer authorized to administer oaths in your jurisdiction. Both partners typically need to complete separate affidavits, and you may need independent witnesses to corroborate your statements. The Canada Evidence Act governs the formal requirements for affidavits, ensuring they meet legal standards for court proceedings and government applications. Some provinces may have additional requirements or specific forms, so verify local regulations before completing your affidavit.