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Family law

Statutory Declaration of Living Separate and Apart

A sworn declaration that you and your spouse or partner have been living separate and apart since a given date — often required for tax, benefits, or status purposes. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.

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Word files are editable. Review any changes carefully before signing or uploading.

Also known as

  • Declaration of Separation
  • Affidavit of Living Separate and Apart
  • Separation Status Declaration
  • +1 more names
    • Sworn Statement of Separation

STATUTORY DECLARATION OF LIVING SEPARATE AND APART

I, ______, of ______, in the Province of Ontario, SOLEMNLY DECLARE that:

  1. I am separated from my ______, ______.

  2. We have lived separate and apart since ______, and the arrangement since then is: ______.

  3. My spouse or partner’s current address (if known):

  4. We are not living together as a couple and there is no reasonable prospect of reconciliation.

  5. Purpose of this declaration (if specified):

I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

Signed and sworn (or affirmed/declared) before me by videoconference in Ottawa, Ontario, while the Affiant(s)/Declarant(s) were located in ______________________, on ______________________, pursuant to O. Reg. 431/20, and Electronic Commerce Act, 2000.

______________________________
A Commissioner of Oaths / Notary Public

______________________________
______

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General template, not legal advice
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Walkthrough · Step 01 of 04

Statutory Declaration of Living Separate and Apart

A compact preview of this template

01Your Information

Your full legal name

The other person is your

Your full address

STATUTORY DECLARATION OF LIVING SEPARATE AND APART

I, ______, of ______, in the Province of Ontario, SOLEMNLY DECLARE that:

  1. I am separated from my ______, ______.

  2. We have lived separate and apart since ______, and the arrangement since then is: ______.

  3. My spouse or partner’s current address (if known):

  4. We are not living together as a couple and there is no reasonable prospect of reconciliation.

  5. Purpose of this declaration (if specified):

I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

Signed and sworn (or affirmed/declared) before me by videoconference in Ottawa, Ontario, while the Affiant(s)/Declarant(s) were located in ______________________, on ______________________, pursuant to O. Reg. 431/20, and Electronic Commerce Act, 2000.

______________________________
A Commissioner of Oaths / Notary Public

______________________________
______

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  1. 01

    What is a living separate and apart declaration?

    It is a sworn statement — also called a declaration of separation or separation status declaration — confirming that you and your spouse or partner are no longer living together as a couple, and since when.

    Tax authorities and programs use it to confirm separated status that affects eligibility or records.

  2. 02

    When you might need one

    It supports tax and benefit matters tied to separation.

    • A tax authority or benefits program asks you to confirm your separation date.
    • You must show you are no longer living together as a couple.
    • An agency requires sworn confirmation of your separated status.
  3. 03

    Good to know

    It is possible to live separate and apart under one roof if you no longer function as a couple; the declaration lets you describe that arrangement, and an agency may ask for more detail. This is different from a separation agreement, which is a contract that settles support, property, and parenting.

  4. 04

    How to notarize a statutory declaration of living separate and apart in Ontario

    After you fill in your statutory declaration of living separate and apart and download the PDF, do not sign it in advance. A sworn document must be signed in front of a notary public or commissioner for taking affidavits, who administers your oath or solemn affirmation first.

    Minute Notary commissions your statutory declaration of living separate and apart online by secure video, under Ontario's remote commissioning rules (O. Reg. 431/20), or in person in Ottawa. Bring valid government-issued photo identification.

Notary’s docket

Good to know

Before you fill it in.

Short notes from our notary on this template. Worth a minute before you start.

  1. 01

    Reviewed for use in Ontario by a notary public and commissioner for taking affidavits.

  2. 02

    Fill it in online for free and download a ready-to-sign PDF — no account required.

  3. 03

    Sign in front of the notary, who witnesses your signature and applies the seal.

  4. 04

    Notarize online by video across Ontario, or in person in Ottawa.

Frequently asked

Questions about the Statutory Declaration of Living Separate and Apart

01
What is a living separate and apart declaration for?
To confirm under oath that you and your spouse or partner have been living separately since a date — commonly for tax filings, benefit eligibility, and status questions.
02
Can we be separated while living in the same home?
It is possible if you no longer function as a couple. The declaration lets you describe that arrangement; an agency may ask for more detail.
03
Is this the same as a separation agreement?
No. A separation agreement is a contract that settles support, property, and parenting. This declaration only confirms you are living separate and apart.
04
Can I notarize it online in Ontario?
Yes. You can swear it online by video under Ontario’s remote commissioning rules, or in person in Ottawa with Minute Notary.

Keep exploring

Related templates

Other documents for family & relationships.

  1. 01
    Statutory Declaration of Sole Support Parent

    A sworn declaration that you are the sole-support parent of your child or children — used to support benefit, credit, or program applications. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.

    Fill it out
  2. 02
    Statutory Declaration of Separation of Legal Spouses or Common-law Partners (Service Canada)

    A statutory declaration of the separation of legal spouses or common-law partners, used to support a benefit or pension matter. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.

    Fill it out
  3. 03
    Statutory Declaration of Guardianship of a Minor

    A sworn declaration regarding the guardianship or care of a minor child — used to support a guardianship arrangement. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario. Obtain legal advice for guardianship matters.

    Fill it out
  4. 04
    Statutory Declaration of Guardianship Consent

    A sworn declaration by a parent consenting to another person caring for, or being appointed guardian of, their child — used to support a guardianship arrangement. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.

    Fill it out

Ready to sign?

Ready to create your Statutory Declaration of Living Separate and Apart?

Fill it in online, then download a ready-to-sign PDF or an editable Word copy. Use the generated PDF to continue to booking. Not sure what the appointment involves? Read about the Affidavits service first.