Separation of Legal Spouses or Common Law Partners

Who Needs a Statutory Declaration: Separation of Legal Spouses or Common-Law Partners (Service Canada)?

This statutory declaration is for Canadians who are separated from a legal spouse or common-law partner and need to prove their separation for Service Canada purposes.

You’ll usually need this form when applying for certain federal benefits or services, such as:

• Canada Pension Plan (CPP) benefits,
• Old Age Security (OAS) programs,
• Employment Insurance (EI) benefits,
• Other Service Canada programs where your relationship status affects your eligibility.

It helps Service Canada confirm that you are no longer living as a couple and that your separation is official for legal and benefit purposes.

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What Is a Statutory Declaration of Separation of Legal Spouses or Common-Law Partners?

This is a sworn legal statement that confirms:

• You are separated from your legal spouse or common-law partner,
• The date your separation began,
• That you are no longer living together in a conjugal relationship,
• Your full legal name, date of birth, and personal details,
• The name and details of your former partner,
• Any information Service Canada requires to confirm your relationship status.

This document is essential for proving your current family status when you apply for benefits or make changes to existing files.

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Where Is This Declaration Used?

The declaration is submitted directly to Service Canada as part of your application or when updating your personal information for federal programs.

It helps ensure your eligibility is reviewed fairly and that your benefits reflect your current situation.

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Why You Need a Notarized Declaration

This is a statutory declaration, so it must be signed in front of a notary public, commissioner of oaths, or lawyer.

Notarizing the declaration confirms that:

• The information you are providing is true and accurate,
• You understand your legal responsibility in making the statement,
• The document has legal validity for Service Canada’s review.

Without notarization, Service Canada may reject your application or delay processing.

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How to Complete and Notarize a Statutory Declaration of Separation

Here’s a simple step-by-step guide:

1. Provide your personal details:
   • Full legal name,
   • Date of birth,
   • Current address,
   • Social Insurance Number (if required).
2. Provide your former partner’s details:
   • Full legal name,
   • Date of birth,
   • Last known address.
3. State the date your separation began.
4. Confirm that you are no longer living as a couple.
5. Swear or affirm the declaration in front of a notary public, commissioner of oaths, or lawyer.
6. Submit the notarized form to Service Canada with your application or information update.

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Final Note

A Statutory Declaration: Separation of Legal Spouses or Common-Law Partners is an essential document for Canadians applying for Service Canada benefits or updating their status after a separation. It provides the legal proof needed to process your file fairly and efficiently.

By completing the form clearly, having it notarized, and submitting it with the correct supporting documents, you help ensure your case moves forward without unnecessary delays.

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