How shall I do this?

[Remrov]

Hello everyone,

A question about the statutory declaration of common law union again...
My boyfriend just went to the notary today (in Montreal) and signed the statutory declaration. The idea was that he would send it to me now (the Netherlands) and I would sign the same form in front of a notary. Now my boyfriend called me on the phone and said that his notary made the space where I had to sign black. Because after he notarized it I'm not allowed to sign it. What do I do now? Fill out another form? With only my signature onit?
Does it still count if there are two forms, one with his signature and one with mine?
I know that the notaries here in the Netherlands don't know anything about it, so I'll have to come up with a solution.

 

[tuyen]

My boyfriend just went to the notary today (in Montreal) and signed the statutory declaration. The idea was that he would send it to me now (the Netherlands) and I would sign the same form in front of a notary. Now my boyfriend called me on the phone and said that his notary made the space where I had to sign black. Because after he notarized it I'm not allowed to sign it.

That's correct. You can't add or remove information from a document that has been notarized because any such information would be invalid.

What do I do now? Fill out another form? With only my signature onit? Does it still count if there are two forms, one with his signature and one with mine?
I know that the notaries here in the Netherlands don't know anything about it, so I'll have to come up with a solution.

Take the form that your boyfriend sent to you, and take it to your notary and ask him to draw up another one which looks identical to the first one for the sake of simplicity. This isn't a requirement, but it makes things easier if both people have signed the exact same papers. Also, make sure your copy is in English (or translated into English afterwards).

 

[Remrov]

I'm sorry, but what do you mean by 'draw up another one'?

I can download the same declaration from the internet, which is in English.
I was planning to take the form that my boyfriend filled out to the notary, and then fill out another one myself and sign this in front of my notary. But then you have two of the same declarations. One which my boyfriend signed and one which I signed. But for the rest it has exactly the same info on it. Is this what you mean also?

 

[tuyen]

I'm sorry, but what do you mean by 'draw up another one'?

It means to compose or write.

I can download the same declaration from the internet, which is in English.

Then that's the best option. Take a blank one and have your notary stamp it after you fill it out. Hopefully he reads/writes English, so that would save you from having to pay for a translated copy.

I was planning to take the form that my boyfriend filled out to the notary, and then fill out another one myself and sign this in front of my notary. But then you have two of the same declarations. One which my boyfriend signed and one which I signed. But for the rest it has exactly the same info on it. Is this what you mean also?

Yes, that's your best and only option because you're doing it from different countries, so you won't be able to both sign the same piece of paper in front of the notary. You will have one declaration, and he will have one. Then you submit both of those to CIC.

 

[Remrov]

Okay,

Thank you very much!!!!

 

[tuyen]

Okay,

Thank you very much!!!!

I forgot to mention - make sure you leave the form blank, and only fill it out only when you're in front of the notary. Otherwise he will have to reject it, and if you don't have another blank with you, you'll have to go home and come back to him again.

 

[computergeek]

I forgot to mention - make sure you leave the form blank, and only fill it out only when you're in front of the notary. Otherwise he will have to reject it, and if you don't have another blank with you, you'll have to go home and come back to him again.

Technically, only the signature needs to be done in front of the notary, not the entire form, since it is your signature to which the notary is attesting. The common law declaration form is an online PDF as I recall, so just take a second copy to the notary and sign it in front of the notary.

 

[tuyen]

Technically, only the signature needs to be done in front of the notary, not the entire form, since it is your signature to which the notary is attesting.

That's true, but I've had cases where notaries have insisted that all information be filled out in front of them before they would be willing to stamp it.

 

[computergeek]

That's true, but I've had cases where notaries have insisted that all information be filled out in front of them before they would be willing to stamp it.

LOL. I'd find a different notary. Plus, if it is a pre-printed form (e.g., "fill in the blank PDF") I'd be shocked if the notary questioned it. But hey, they're solo practitioners and can do what they want.

I remember doing a real estate closing in the US where the forms I was given to sign had been pre-notarized. I thought that was probably unlawful.

 

[Remrov]

Well, thank you for mentioning it. I'll take three declarations with me then. The one from my bioyfriend, which is notarized already. One on which I already filled out (typed out) the questions on the computer, and one of which I leave all the questions blank. Maybe that's the best solution.

I know that the notaries here they indeed don't 'notarize' the content of the declaration. They only 'legalize/notarize' your signature, that you are actually the one signing it.