Affidavit Of Continuing Relationship Template for Canada

An Affidavit of Continuing Relationship is a sworn legal statement that formally documents the existence and ongoing nature of your common-law partnership. This document serves as crucial evidence when you need to prove your relationship status to government agencies, employers, or other institutions that require verification of your domestic partnership.

When do you need this document?

You'll typically need this affidavit for immigration applications where you're sponsoring your common-law partner or applying for permanent residence based on your relationship. Insurance companies often require it when adding a common-law partner to health, life, or property insurance policies. Government benefit programs, including pension plans and employment benefits, may request this documentation to establish eligibility. You might also need it for tax purposes when filing jointly or claiming spousal benefits, or during legal proceedings involving property division or custody matters.

Key legal considerations

The affidavit must include comprehensive details about your relationship, including the exact date cohabitation began, current living arrangements, and financial interdependence. You'll need to provide evidence of shared expenses, joint bank accounts, property ownership, and household responsibilities. The document should address social aspects of your relationship, such as how you present yourselves publicly and recognition by family and friends. Remember that making false statements in a sworn affidavit constitutes perjury under Section 131 of the Criminal Code of Canada, which carries serious criminal penalties. Supporting documentation such as lease agreements, utility bills, bank statements, and witness statements should be attached as schedules to strengthen your affidavit.

Legal requirements in Canada

Under the Family Law Act, the definition and requirements for common-law relationships vary by province, but generally require cohabitation for a specified period, typically one to three years depending on your jurisdiction. The Canada Evidence Act governs the formal requirements for your affidavit, including proper oath administration and witness requirements. Your affidavit must be sworn or affirmed before a qualified commissioner of oaths, notary public, or other authorized official. For immigration purposes, the Immigration and Refugee Protection Act sets specific standards for relationship proof that your affidavit must meet. The document must be recent, typically no older than three months when submitted, and include current contact information for both partners. Provincial variations exist regarding property rights and relationship recognition, so ensure your affidavit addresses the specific requirements in your jurisdiction.