Can this be signed electronically?

Yes in most cases. Federal ESIGN (15 U.S.C. ch. 96) and state UETA statutes permit electronic signatures when parties consent and records are retained; exceptions such as certain court filings or testamentary documents may apply.

Is notarization always required?

Not always. Some jurisdictions and receiving agencies require a notarized acknowledgment; others accept an unsworn declaration. Confirm the recipient's requirements and local notary rules before finalizing the document.

Can I use remote online notarization (RON)?

RON is allowed where state law permits remote notarization; identity proofing and audio-video recording requirements typically apply. Verify the state's RON rules and retention obligations before scheduling a session.

What supporting documents should I attach?

Common attachments include joint leases, shared utility bills, joint bank statements, or affidavits from third parties. Label files clearly to match declaration statements and reduce reviewer follow-up.

What happens if names or dates differ?

Discrepancies trigger verification requests or rejection. Use full legal names and exact MM/DD/YYYY dates and include explanatory attachments or affidavits to reconcile legitimate differences.

How long should I keep the signed declaration?

Retain the signed declaration for the active term plus recommended retention: minimum three years for IRS purposes, six years for HIPAA-related records, and longer where state law or industry rules require it.

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Statutory Declaration of Common Law Union Instruction Guide

Statutory Declaration of Common Law Union Instruction Guide

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What this Statutory Declaration Instruction Guide Covers

The Statutory Declaration of Common Law Union Instruction Guide explains how to prepare, sign, and authenticate a sworn statement documenting a common-law partnership for legal or administrative use. It details required fields, supporting evidence, notarization and witness options, state variations, and retention expectations. The guide also summarizes electronic signing options consistent with U.S. e-signature law and offers practical tips to reduce common errors and streamline submission to employers, agencies, or courts.

Why a Clear Instruction Guide Matters

A concise instruction guide reduces processing delays and rejections by specifying required facts, supporting documents, and acceptable authentication. It ensures declarations meet evidentiary standards for benefits, records, or legal proceedings while aligning with applicable e-signature and notarial rules.

Who Typically Prepares and Uses These Declarations

Typical users include individuals proving cohabitation, paralegals preparing declarations, and agency staff verifying common-law status.

Individuals seeking to confirm partnership for benefits or record purposes.
Family law or immigration attorneys assembling factual evidence of a continuous relationship.
HR and benefits administrators verifying eligibility for spousal or dependent coverage.

Real-world Examples of Declarations in Use

These short case summaries illustrate how organized declarations and online execution reduce follow-up and speed determinations.

Optica Ventures

Optica implemented an online declaration workflow to standardize proofs of common-law status and reduce incomplete submissions.

Improved turnaround and fewer callbacks.
Brian Fitzgibbons, COO, reported the simple interface made it easy for staff and customers; consistent attachments and required fields lowered follow-up requests and accelerated client benefit determinations.

Martin Properties

A real estate firm adopted a standardized declaration to verify occupancy and tenancy claims during leasing reviews.

Reduced discrepancies on tenant files.
Tim Martin, Founder, noted that collecting notarized declarations and matching lease documents cut administrative review time and improved accuracy for rental and mortgage-related verifications.

Step-by-step: Complete a Statutory Declaration

Follow these steps to prepare, verify, and finalize a statutory declaration of common-law union for legal or administrative use.

01

Gather Facts: Collect names, addresses, cohabitation dates, and financial arrangements.
02

Attach Proof: Include joint leases, bills, bank statements, or affidavits.
03

Complete Form: Enter each field accurately in MM/DD/YYYY where applicable.
04

Notarize: Sign before a notary or secure a witness per state rules.

Configure an Online Signing Workflow

Set up an end-to-end workflow to collect signatures, authenticate signers, and retain an auditable record of each executed declaration.

Field	Configuration
Signature Method	Email link, SMS code, or RON session
Authentication Level	Email only, SMS OTP, or KBA
Document Retention	Store for required retention periods with audit trail
Notifications	Auto-email on completion to parties and administrators

How the Signing and Submission Process Typically Flows

Typical routing involves preparing the form, obtaining signatures, completing notarization or witnessing, and submitting to the requesting agency or record office.

Prepare: Upload or print the declaration for completion.
Sign: Declarant and joint party sign in presence required.
Authenticate: Notary acknowledgement or remote online notarization when allowed.
Submit: File with agency, employer, or retain in records.

Platform and Format Considerations for Electronic Completion

Use platforms that support secure e-signing, audit trails, and optional RON for notarization when state law permits.

Formats Supported: PDF, DOCX, HTML, Excel
Integrations: Salesforce, Microsoft 365, NetSuite, Google Workspace
Authentication: Email link, SMS OTP, KBA, SSO

Timing: When to Complete and Submit a Declaration

Key timing considerations for completing and submitting a statutory declaration, including agency processing and notarization windows.

When to Provide:

Usually supplied upon request or as required by the receiving agency.

Agency Processing:

Processing times vary by office; expect days to weeks.

Notarization Window:

Sign in front of notary the same day as notarization.

Remote Notarization:

Allowed where RON is permitted; rules vary by state.

Record Start Date:

Retention begins from effective date or filing date.

Milestones from Draft to Filing

Milestone timeline from draft through notarization and filing to help track completion stages and responsible parties.

01

Draft Declaration

Complete factual statements and initial supporting documents.

02

Internal Review

Have attorney or administrator verify facts and attachments.

03

Notarization or Witnessing

Arrange in-person or RON session and record details.

04

Submission and Storage

Send to agency and archive signed copy with audit trail.

Security and Compliance Notes for Handling Declarations

Encryption: TLS 1.2/1.3 in transit

At Rest Encryption: AES-256 encryption at rest

Certifications: SOC 2 Type II, ISO 27001

HIPAA: Compliant with BAA required

ESIGN / UETA: Compliant with ESIGN and UETA

Access Controls: SSO, 2FA, role-based permissions

Penalties and Risks from Incorrect Declarations

Incorrect Information: May invalidate declaration

Eligibility Consequences: Potential eligibility loss or fines

I-9 Violations: Employer fines apply

Notarization Omitted: State rejection risk

Unsigned Declaration: Not legally binding

Fraud Risk: Criminal penalties may follow

Common Preparation Mistakes to Avoid

Using nicknames or initials instead of full legal names causes delays and may require amended declarations or supporting identity documents.
Vague or conflicting date ranges for cohabitation increase verification time; provide exact MM/DD/YYYY start and end dates when possible.
Failing to attach corroborating evidence—shared leases, joint bank statements, or affidavits—often leads to denial by benefits administrators.
Not following state-specific witness or notarization requirements will result in rejection; check the receiving agency before finalizing.

Comparison: eSignature Pricing and Key Capabilities for Declarations

A neutral comparison of starting prices and common capabilities across major e-signature vendors, with signNow presented first for consistency.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Available on select plans	Available on select plans	Available on select plans	Available on select plans	Available on select plans
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Who May Legally Sign a Statutory Declaration

Primary Declarant

Typically the person who lived with the partner and can attest to shared residence and mutual support. Provide full legal name, dates of cohabitation, joint financial arrangements, and specific factual statements. Accuracy affects eligibility for benefits and legal recognition.

Joint Declarant

When applicable, the partner signs as joint declarant to corroborate facts such as shared residence, pooled finances, and mutual obligations. Joint statements strengthen evidentiary value; include matching names, consistent dates, and complementary factual details to avoid contradictions during verification.

Frequently Asked Questions and Troubleshooting

Answers to common questions about electronic execution, notarization, witness requirements, and documentation that help avoid rejections and legal issues.

Need help? Contact support

Can this be signed electronically?
Yes in most cases. Federal ESIGN (15 U.S.C. ch. 96) and state UETA statutes permit electronic signatures when parties consent and records are retained; exceptions such as certain court filings or testamentary documents may apply.
Is notarization always required?
Not always. Some jurisdictions and receiving agencies require a notarized acknowledgment; others accept an unsworn declaration. Confirm the recipient's requirements and local notary rules before finalizing the document.
Can I use remote online notarization (RON)?
RON is allowed where state law permits remote notarization; identity proofing and audio-video recording requirements typically apply. Verify the state's RON rules and retention obligations before scheduling a session.
What supporting documents should I attach?
Common attachments include joint leases, shared utility bills, joint bank statements, or affidavits from third parties. Label files clearly to match declaration statements and reduce reviewer follow-up.
What happens if names or dates differ?
Discrepancies trigger verification requests or rejection. Use full legal names and exact MM/DD/YYYY dates and include explanatory attachments or affidavits to reconcile legitimate differences.
How long should I keep the signed declaration?
Retain the signed declaration for the active term plus recommended retention: minimum three years for IRS purposes, six years for HIPAA-related records, and longer where state law or industry rules require it.

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