If you’re planning on getting married in Canada, you may need to complete a Statutory Declaration of Legal Marriage. This document is a legal declaration that you and your partner are legally married, and it’s often required when applying for government benefits or pensions. In this article, we’ll explain everything you need to know about statutory declarations of legal marriage in Canada.
Understanding Statutory Declarations A statutory declaration of legal marriage is a legal document that confirms you and your partner are legally married. It’s a sworn statement that you sign in front of a commissioner of oaths, who confirms your identity and witnesses your signature. This document is legally binding, and it’s often required when you’re applying for government benefits or pensions.
Legal Marriage in Canada In Canada, legal marriage is defined as a union between two people who are at least 18 years old and not already married. Same-sex marriage has been legal in Canada since 2005, and the process for getting married is the same for all couples. To get legally married in Canada, you need to obtain a marriage license from your local government office, have a marriage ceremony, and then complete and file the necessary legal documents.
If you are unable to produce a marriage certificate as proof of your marriage, you may need to complete a statutory declaration of legal marriage. A statutory declaration is a written statement made voluntarily and solemnly, confirmed by the declarant’s signature and often required for various legal purposes. In this section, you will learn about the purpose and components of a statutory declaration.
A statutory declaration of legal marriage is a legal document in which you declare that you are legally married. It is often required when you are unable to include your original marriage certificate with your Canada Pension Plan (CPP) or Old Age Security (OAS) application. The purpose of the statutory declaration is to provide an alternative means of proving your marital status.
A statutory declaration of legal marriage typically includes the following components:
In Alberta, a commissioner of oaths is a person authorized to administer oaths and take affidavits or statutory declarations. They are often found in law offices, government offices, and financial institutions. When completing a statutory declaration, it is important to ensure that the commissioner of oaths is authorized to administer oaths in the jurisdiction where the declaration will be used.
If you are a Canadian citizen or a permanent resident, you can legally marry in Canada. Marriage is a legal union between two people, and it is recognized by law. In Canada, marriage is governed by both federal and provincial/territorial laws.
A marriage certificate is a legal document that proves that you are legally married. It is a record of your marriage that is issued by the government. You will need a marriage certificate if you want to change your last name, apply for certain government benefits, or if you want to get a divorce.
To get legally married in Canada, you must meet certain requirements. You and your partner must be at least 18 years old and not already legally married. You must also have the capacity to enter into a marriage, which means that you understand the nature of the marriage contract and are entering into it voluntarily.
In addition, you must obtain a marriage license. The requirements for a marriage license vary depending on the province or territory where you live. You may need to provide identification, such as a passport or birth certificate, and proof of divorce or annulment if you were previously married.
Once you have met all the legal requirements, you can get married. The marriage ceremony must be performed by a recognized religious official or a civil marriage commissioner. After the ceremony, the marriage must be registered with the government.
If you are unable to produce a marriage certificate as proof of your marriage, you may need to complete a Statutory Declaration of Legal Marriage. This is a legal document that declares that you are legally married. You can obtain this document from Service Canada.
If you are unable to produce a marriage certificate as proof of your marriage, you may need to complete a statutory declaration of legal marriage. This legal document is used to declare that you are legally married and to satisfy a legal requirement. Here are the steps to complete the process.
To prepare the statutory declaration, you will need to fill out the appropriate form. You can find the form on the Service Canada website, or you can obtain a form from a notary public. The form will ask for your personal information, such as your name, address, and date of birth, as well as information about your spouse.
Once you have completed the form, you will need to sign it in the presence of a notary public. The notary public will then notarize the document and provide you with the necessary oaths.
Notarization is the process of certifying a document as authentic. When you have completed the statutory declaration of legal marriage form, you will need to have it notarized by a notary public. This involves taking the form to a notary public and signing it in their presence.
The notary public will then provide you with the necessary oaths. These oaths are a promise to tell the truth and are required for the statutory declaration to be valid. Once you have taken the oaths, the notary public will sign and stamp the document to certify it as authentic.
If you are in Alberta, you can make an appointment with Edmonton Notary Services to have your statutory declaration notarized.
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When applying for a statutory declaration of legal marriage, there are certain documents that you will need to provide. These documents will help to prove your identity and marital status. In this section, we will discuss the two main categories of documents required for statutory declarations: Identification and Proof of Status and Supporting Legal Documents.
To apply for a statutory declaration of legal marriage, you will need to provide identification that proves your identity and confirms your status as a Canadian citizen or permanent resident. Acceptable forms of identification include a valid Canadian passport, a birth certificate, or a driver’s license. If you do not have any of these documents, you may be able to provide other forms of identification, such as a government-issued photo ID or a credit card.
In addition to identification and proof of status, you will also need to provide supporting legal documents that confirm your marital status. These documents may include a marriage certificate, a divorce certificate, or a separation agreement. If you are unable to produce a marriage certificate, you will need to provide a written explanation as to why you are unable to do so. This explanation must be included in your statutory declaration.
It is important to note that the documents you provide must be certified copies. This means that they must be stamped and signed by a notary public or commissioner for oaths. If you are unsure about whether a particular document needs to be certified, it is best to check with the agency or organization that is requesting the statutory declaration.
In Alberta, for example, you will need to have your documents certified by a commissioner for oaths. This is a person who is authorized to administer oaths and affirmations and witness signatures on legal documents. You can find a commissioner for oaths at a law firm, a notary public office, or a government office.
By providing the required documents for your statutory declaration of legal marriage, you can ensure that your application is processed smoothly and efficiently. Make sure that you have all the necessary documents in order before you begin the application process to avoid any delays or complications.
When it comes to statutory declarations of legal marriage, there are some special cases that require attention. Here are some of the most common cases that you may encounter:
If you are divorced or separated, you may need to provide additional documentation to support your statutory declaration. This may include a copy of your divorce decree or separation agreement. In some cases, you may also need to provide evidence that you are living apart from your former spouse.
If you are in a common-law partnership, you may need to provide additional documentation to support your statutory declaration. This may include proof that you have been living together for a certain period of time, such as a lease or utility bill in both your names. You may also need to provide evidence of your relationship, such as joint bank account statements or photographs.
If you are widowed and have remarried, you may need to provide additional documentation to support your statutory declaration. This may include a copy of your former spouse’s death certificate and your new marriage certificate.
It’s important to note that statutory declarations are legal documents, and making false statements on them can have serious consequences. If you are unsure about what documentation you need to provide or have any questions about the process, it’s always best to consult with a legal professional.
In summary, if you are divorced, widowed, in a common-law partnership, or have remarried, you may need to provide additional documentation to support your statutory declaration of legal marriage. Always make sure to provide accurate and truthful information to avoid any legal issues.
If you are unable to produce a marriage certificate as proof of your marriage, completing a statutory declaration of legal marriage may be necessary. This declaration is a written statement that confirms your marriage status and is often required for various legal purposes.
If you are unable to produce a marriage certificate due to a legal impediment to marriage, such as a missing or invalid marriage license, you can file a legal marriage declaration. This declaration will attest to the fact that you are legally married, even if you do not have the necessary documentation.
If you are applying for a marriage license and do not have a marriage certificate, you may be required to provide a statutory declaration of single status. This declaration confirms that you are not currently married and that there are no legal impediments to your marriage.
If you are applying for immigration or citizenship and do not have a marriage certificate, a statutory declaration of legal marriage may be required. This declaration can confirm your marital status and provide evidence of your relationship with your spouse.
It is important to note that statutory declarations should only be used when you are unable to produce the necessary documentation. If you are able to obtain a marriage certificate, it is always preferable to use that as proof of your marriage.
In summary, statutory declarations of legal marriage can be used when you are unable to produce a marriage certificate. They can be used to confirm your marital status for various legal purposes, including immigration and citizenship applications. However, they should only be used when necessary and should not be used as a substitute for a marriage certificate.
If you plan to get married abroad, you should be aware of the legal requirements for marriage in that country. Different countries have different laws and requirements for marriage, and some require a statutory declaration of legal marriage. Here are some international considerations to keep in mind:
If you are getting married abroad, you may need to visit a consulate or embassy to obtain a statutory declaration of legal marriage. Consulates and embassies can provide information on the legal requirements for marriage in the country where you plan to get married. They can also provide assistance with obtaining the necessary documents, such as a certificate of non-impediment to marriage abroad.
A certificate of non-impediment to marriage abroad is a document that certifies that you are free to marry and that there are no legal impediments to your marriage. This document may be required by some countries before they will allow you to get married. Global Affairs Canada provides information on how to obtain a certificate of non-impediment to marriage abroad. You can also contact the embassy or consulate of the country where you plan to get married for information on the requirements for obtaining this document.
It is important to note that some foreign jurisdictions provide recognition for the unions of same-sex couples under legal means other than marriage, such as civil unions or domestic partnerships. If you are in a same-sex relationship and plan to get married abroad, you should research the legal requirements for marriage in that country and consult with a lawyer or legal professional if necessary.
Overall, it is important to research the legal requirements for marriage in the country where you plan to get married and to obtain any necessary documents, such as a statutory declaration of legal marriage or a certificate of non-impediment to marriage abroad, before you leave Canada. This will help ensure that your marriage is recognized as legal both in Canada and in the country where you plan to get married.
If you are planning to file a statutory declaration of legal marriage, there are some practical aspects that you should be aware of. In this section, we will discuss two important aspects of filing declarations, namely fees and payments, and scheduling appointments.
When filing a statutory declaration of legal marriage, you may be required to pay a fee. The fee may vary depending on the jurisdiction and the entity that is notarizing the document. For instance, Notarize.ca charges a fee of $75 for virtual notary public services. It is important to check with the entity that you are working with to determine the fees that apply to your case.
In some cases, you may be required to make a progress payment. This means that you will be required to pay a portion of the fee upfront, and the remainder of the fee will be due upon completion of the notarization process. Again, it is important to check with the entity that you are working with to determine the payment requirements that apply to your case.
When filing a statutory declaration of legal marriage, you may need to schedule an appointment with a notary public. The appointment may be in-person or virtual, depending on the entity that you are working with. For instance, Notarize.ca offers virtual notary public services, which means that you can complete the process from the comfort of your own home.
It is important to schedule your appointment well in advance to ensure that you have enough time to prepare all the necessary documents and information. When scheduling your appointment, make sure to provide all the required information, such as your name, contact information, and the purpose of your appointment.
In conclusion, filing a statutory declaration of legal marriage requires careful consideration of the practical aspects involved. By understanding the fees and payment requirements, as well as scheduling appointments, you can ensure a smooth and hassle-free process.
To obtain a statutory declaration of legal marriage in Canada, you will need to complete the ISP1809CPP form. This form is available on the Service Canada website. You will need to provide information about your marriage, including the date and location of the ceremony, the names of the parties involved, and the reason why you are unable to provide a marriage certificate. Once you have completed the form, you will need to sign it in the presence of a notary public or commissioner of oaths.
You can find a template for a statutory declaration of legal marriage on the Service Canada website. The template is called ISP1809CPP. This form can be downloaded and printed for your convenience.
To write a declaration letter to certify your marital status, you should include your full name, the date of the letter, and a statement declaring your marital status. You should also include any additional information that may be relevant, such as the date and location of your marriage, the name of your spouse, and the reason why you are unable to provide a marriage certificate. You will need to sign the letter in the presence of a notary public or commissioner of oaths.
To obtain a statutory declaration of a common-law union in Canada, you will need to complete the IMM5409 form. This form is available on the Immigration, Refugees and Citizenship Canada website. You will need to provide information about your relationship, including the date you began living together, the nature of your commitment, and any other relevant details. Once you have completed the form, you will need to sign it in the presence of a notary public or commissioner of oaths.
It is not currently possible to file a statutory declaration of legal marriage online. You will need to complete the ISP1809CPP form and sign it in the presence of a notary public or commissioner of oaths.
When submitting a statutory declaration of legal marriage, you will need to provide any supporting documentation that may be required. This may include identification documents, such as a passport or driver’s license, as well as any other relevant documents, such as divorce certificates or death certificates. You may also be required to provide additional information, depending on your specific circumstances.