Author Topic: Common Law Marriage in the Canadian Forces - Mega Thread  (Read 155045 times)

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Offline Serenity

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Re: Proof of a common-law relationship
« Reply #25 on: July 25, 2006, 22:56:35 »
I was also wondering about signing a Common-Law Partner Agreement.  From what I have read, it would satisfy the requirements of the Military.  But to get it notarized we may have the same issue with proof.

Has anyone used one of these documents to prove common-law status?

Offline Michael O'Leary

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Re: Proof of a common-law relationship
« Reply #26 on: July 25, 2006, 22:59:04 »

Offline ccdec

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Re: Proof of a common-law relationship
« Reply #27 on: July 26, 2006, 04:38:40 »
It happens often that people start living together and one already has an appartment or other accommodation under their name. If your landlord knew that he was living with you you can ask them for a letter stating this.  Bring the letter in when you fill out your Comon Law Recognition paper work.  Your CO should be satisfied with this, if not he would have someone call the landlord but in my experience the CO will be satisfied.  The Adjutant would normally check it out.  This happened alot when I was clerking with the Bn.
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Offline sunshine

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Re: Proof of a common-law relationship
« Reply #28 on: July 26, 2006, 10:39:05 »
Hi ... I'm sorry, I'm new to all of this.  I have a boyfriend starting Basic soon - I'm not really sure how any of this works.  When he's done all of his training, what will happen?  When he's posted to a base, would we need to be married or common-law for me to live with him there?

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Re: Proof of a common-law relationship
« Reply #29 on: July 26, 2006, 10:41:56 »
Sunshine,
No one can answer your questions for the future as no one knows what it holds. I suggest you start reading this section of the forum and a lot of different scenario's will be presented to you....

Good luck.
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Offline Ditch

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Re: Proof of a common-law relationship
« Reply #30 on: August 02, 2006, 22:16:45 »
Serenity et al - when it comes to Common-law relationships there is a sure fire method of convincing the CF that you are in one.  The two of you should get together, visit a Notary and get a notarized document stating that you have been living in a Common-Law relationship for X years.  This document is considered law (as you are swearing before a Notary) and no further proof is required.  Submit this civil document along with your memorandum and you're golden.  Get it done before he leaves St-Jean.  Your change in status cannot be processed mid-move or after he has been posted (i.e. if you want to move your stuff too).
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Offline Blackadder1916

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Re: Proof of a common-law relationship
« Reply #31 on: August 02, 2006, 23:37:49 »
...The two of you should get together, visit a Notary and get a notarized document stating that you have been living in a Common-Law relationship for X years.  This document is considered law (as you are swearing before a Notary) and no further proof is required. 

This is needed anyway, however they do not have to use or pay a Notary (except perhaps in Que & Sask).  When making application for recognition of a common-law relationship under CFAO 19-41, the member and his common-law spouse are required to complete and submit an affidavit/statutory declaration.  It can be sworn or solemnly declared to a CF officer IAW DAOD 7000-1 (CFAO 59-1).

Stat declarations are not per se military documents but are done under authority of provincial or territorial law.  The CFAO that refers to them specifically outlines the requirements and jurats for each individual province.
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Offline RCR4LIFE

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Re: Proof of a common-law relationship
« Reply #32 on: September 06, 2006, 19:03:48 »
I'll message you.
« Last Edit: September 06, 2006, 19:07:11 by CL84 »

Offline JDMCRX

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Common Law requirements???
« Reply #33 on: October 29, 2007, 20:12:45 »
Wondering what I need exactly to get the paper work in process.

I know 3 months or more. Drivers lic in the same address. What else.

Just want to do this in one shot at the BOR im not in the building for a while. Can anyone shed some light?
This Board is soo full of jung farts that need to get off there high horse. Another reason the cf is having issues.

Offline JBoyd

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Re: Common Law requirements???
« Reply #34 on: October 29, 2007, 20:20:52 »
Not sure what you need it for, but I was told that to have Room & Board subsidized while at BMQ i would have to prove that my Wife and I have been common-law for 6 months or longer. Despite having a child together, which I believe makes you common-law, I was told that simply a rental/lease agreement signed by both of us would prove that we live in the same dwelling.

Hope this helps a bit
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Offline airmich

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Re: Common Law requirements???
« Reply #35 on: October 29, 2007, 20:22:49 »
Wondering what I need exactly to get the paper work in process.

I know 3 months or more. Drivers lic in the same address. What else.

Just want to do this in one shot at the BOR im not in the building for a while. Can anyone shed some light?

Ref: CFAO 19-41 -- COMMON-LAW RELATIONSHIPS

BTW, for the military it is a one year requirement.
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Offline 284_226

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Re: Common Law requirements???
« Reply #36 on: October 29, 2007, 20:23:37 »
http://www.admfincs.forces.gc.ca/admfincs/subjects/cfao/019-41_e.asp (ignore reference to "opposite sex" - the CFAO hasn't been amended, but the reference QR&O has been).

http://www.admfincs.forces.gc.ca/qr_o/vol1/ch001_e.asp - see QR&O 1.075

FYI - it's one year.

Offline JDMCRX

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Re: Common Law requirements???
« Reply #37 on: October 29, 2007, 21:09:53 »
I guess ill have to go to the BOR and see ive been with my GF for over 5 years and ive been helping her pay rent for a few years. Im just wondering what i need paper work wise and so forth.
This Board is soo full of jung farts that need to get off there high horse. Another reason the cf is having issues.

Offline 284_226

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Re: Common Law requirements???
« Reply #38 on: October 29, 2007, 21:24:55 »
Im just wondering what i need paper work wise and so forth.

9. The member shall make application:

     a.   by completing the memorandum at Annex A; and

     b.   by completing and attaching to the memorandum, the affidavit or
          statutory declaration shown at Annex C, signed by both parties to
          the common-law relationship.


Doesn't get much simpler than that.

Offline kincanucks

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Re: Common Law requirements???
« Reply #39 on: October 29, 2007, 21:29:29 »
Been with her or lived with her?  At least one year in the same residence (not her parents basement) and proof as in a driver licenses (older than a year) with same address, utility bills in both of your names, and/or a lease with both your names on it.   This is in order to get the stat dec signed by an officer. Clear as mud?
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Offline JDMCRX

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Re: Common Law (so easy to search!!!)
« Reply #40 on: October 29, 2007, 21:40:44 »
Funny no she rents a apartment. But i only just transfered my lic to her residants cause ive been all over with the mill. Hmm
This Board is soo full of jung farts that need to get off there high horse. Another reason the cf is having issues.

Offline exgunnertdo

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Re: Common Law (so easy to search!!!)
« Reply #41 on: October 31, 2007, 08:18:44 »
This discussion always annoys the heck out of me...

If you really truly live together, you will be getting mail at the same address.  Period.  You don't even need a lease or a joint utility bill.  Just something like a bank statement, credit card bill, university marks, anything.  You produce something dated a year ago in your name, he/she produces something in his/her name dated a year ago.  Bingo, common law status acheived.  If you're not getting mail there, you don't really live there.  Whatever reason you have to get your all of your mail sent somewhere else indicates a lack of true "common law" status.

Quote
have resided together as husband and wife continuously for at least one year immediately preceding the application
  (from CFAO 19-41) (emphasis mine)

When I was on SLT there was a bunch of guys trying to prove common law status, but only after they found out that they won't have to pay R&Q.  You're asked your marital status on enrollment, if you answer "single" then you find out there is financial benefit to being common law, then change your mind...come on!  There were guys who were "common law" in university, joined the CF, girlfriend moved back in with her parents and they still wanted/expected the free R&Q.

Common law status is the equivalent of married.  It is not a convenient relationship for some financial benefit.  Here's a question when deciding your status - who gets your Supplementary Death Benefit, SISIP, and pension when/if you die?  If the answer is (at least in part) "my spouse" then go ahead.   If you can't stomach the idea of him/her being your beneficiary, then you're not really common law, you're room-mates.

ive been helping her pay rent for a few years.
  That's not common law.

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Offline PMedMoe

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Re: Common Law (so easy to search!!!)
« Reply #42 on: October 31, 2007, 08:53:52 »
exgunnertdo, excellent statement!! +1
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Offline kincanucks

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Re: Common Law (so easy to search!!!)
« Reply #43 on: October 31, 2007, 09:18:10 »
Another +1 from me.  Maybe the act of banging their foreheads into a brick wall might work too.
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Offline FinClk

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Re: Common Law (so easy to search!!!)
« Reply #44 on: October 31, 2007, 21:31:59 »
Most bases, Wing's/ASU's etc have set SOP's to this effect which include their specifi8c form which need to be used. As such many OR's have packages ready for this purpose.

Go see them and apply anyways. Trying to substantiate or explain any particular scenario over the internet will likely only get you sporadic accuracy. Just FYI only, I have seen people be granted by the powers that be (read NDHQ) Common-Law status even if they had not lived together at all. This is only to say that each situation must be looked at individually.

Offline oksun7103

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Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #45 on: May 01, 2009, 01:24:06 »
I heard that only wives are allowed to live on CFB, is this true? Does this exclude girlfriends and common law wives?

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Re: common law wives/ girlfriends
« Reply #46 on: May 01, 2009, 01:28:49 »
Well, technically, they sure can't live in "singles quarters" which are the accomodation that are actually located "ON base", but they can live in PMQs (99% of which are located "OFF base" - IE a 5 minute drive from work instead of a two minute walk).
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Offline SupersonicMax

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Re: common law wives/ girlfriends
« Reply #47 on: May 01, 2009, 07:50:05 »
Well, technically, they sure can't live in "singles quarters" which are the accomodation that are actually located "ON base", but they can live in PMQs (99% of which are located "OFF base" - IE a 5 minute drive from work instead of a two minute walk).

There is a new policy here in Cold Lake that only common law partners/wifes are allowed in the PMQs. 

oksun:  to the eyes on the military, marriage/common law is virtually the same thing.

Offline airmich

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Re: common law wives/ girlfriends
« Reply #48 on: May 01, 2009, 08:31:02 »
There is a new policy here in Cold Lake that only common law partners/wifes are allowed in the PMQs. 

Quite the policy!  Since you can't declare common law until you actually live together for a year, that means that it forces a couple to buy or rent off base until they qualify.  Is it set by the base or CFHA?  I'm surprised really, that they can get away with that.
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Offline SupersonicMax

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Re: common law wives/ girlfriends
« Reply #49 on: May 01, 2009, 08:33:26 »
Quite the policy!  Since you can't declare common law until you actually live together for a year, that means that it forces a couple to buy or rent off base until they qualify.  Is it set by the base or CFHA?  I'm surprised really, that they can get away with that.

It was in an email sent by the WComd before Christmas.  The problem was that PMQ Tenants rented parts of their PMQs to Oil Workers, creating problems on base (ie: Drugs, noise late at night, etc.).  I'm sure if one requests permission up his chain of command to have his/her Girlfriend/Boyfriend in the Qs, it would be accepted, but it's not a given anymore.