A Statutory Declaration of Legal Marriage is a sworn legal document used to verify the marital status of a couple. It serves as additional proof of marriage, often required when a marriage certificate is unavailable or insufficient for certain legal or administrative purposes. Unlike a marriage certificate, which is issued by a government authority, this declaration is a formal affidavit sworn before a notary public or another authorized official, confirming the validity of the marriage.
This declaration is frequently used in immigration applications, particularly in cases of spousal sponsorship. Immigration authorities, such as Immigration, Refugees, and Citizenship Canada (IRCC), may request a statutory declaration to confirm the legitimacy of the marital relationship, especially if the original marriage certificate is not in English or French, or if the couple’s relationship involves a common-law partnership. It is also commonly required in situations where a marriage certificate is lost or difficult to obtain, as well as for legal matters such as inheritance claims or estate planning, where the marital status needs to be clearly established.
The statutory declaration includes personal details of both spouses, such as their names, birthdates, and the date and place of the marriage. It must clearly state that the marriage is legally valid and recognized. Once the declarant swears to the truth of the statements, the document is signed in the presence of a notary public or commissioner of oaths, who will witness the signing and affix their seal, making the document legally binding.
Accuracy is vital when completing a statutory declaration of legal marriage. Since the document is sworn under oath, any false information can lead to serious legal consequences, including the rejection of applications or penalties for perjury. Once properly completed and signed, the statutory declaration can be submitted to the appropriate authority, whether for immigration purposes, legal proceedings, or government record updates.
In short, a statutory declaration of legal marriage is a crucial document for confirming marital status when standard marriage certificates are not enough. Its proper preparation and notarization ensure it meets legal standards and serves as a reliable proof of marriage.