Declaration of common law but married

[Windragon100576]

Please give me advise when should i start to submit declaration of common law.
I went here in canada as tourist and now waiting for my work permit. All my records are still married since theres no divorce in the philippines. My plan is as soon as i get my work permit i will file a divorce and will submit a statutory declaration of common law. Am i having a right plan? Please help.

 

[Rob_TO]

Have you lived with your new partner in the same home, for at least 12 consecutive months with no breaks?

This is what defines you as common-law, not making the declaration.

 

[Windragon100576]

Yes in the Philippines. Im here now in Canada and he is back in the philippines. I am planning to get him though and afraid there might be conflicts with the marital status i am still in.

 

[Rob_TO]

Yes in the Philippines. Im here now in Canada and he is back in the philippines. I am planning to get him though and afraid there might be conflicts with the marital status i am still in.

You actually don't need to do a stat declaration of common-law. What you will need to show, is proof of living together for 12 consecutive months. So things like a shared lease/rental agreement, stat declaration from landlord that you lived together, mail to both of you going to same address, any joint finances (bank, credit card, utilities) showing same address, etc etc.

As long as you can prove 12 months cohabitation, then your existing marriage shouldn't pose a problem, as long as you are physically separated from your first spouse.