Common Law Marriage in the Canadian Forces - Mega Thread
- Thread starter Greywolf
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A mutually filed tax return will help prove you've been living together in the same residence as husband and wife. The timeliness of the application to have your CLR recognized may raise eyebrows if you're doing it just prior to a long seperation, such as a tour or TDY.
George Wallace
Army.ca Dinosaur
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After reading all the info, you must meet the criteria to be considered "common-law". If you don't have the proof then you are out of luck.
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Per the CFAO, it takes an affidavit from the member (Annex C to the CFAO) submitted along with a copy of the Annex A Memorandum. That is the first step. The unit or school orderly room should be able to give more guidance on what to do.
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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?
Has anyone used one of these documents to prove common-law status?
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See:
Affidavits and Statutory Declarations
http://www.admfincs.forces.gc.ca/admfincs/subjects/daod/7000/0_e.asp
Affidavits and Statutory Declarations
http://www.admfincs.forces.gc.ca/admfincs/subjects/daod/7000/0_e.asp
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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.
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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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.
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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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).
Blackadder1916
Army.ca Fixture
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Zoomie said:
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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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
Hope this helps a bit
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JDMCRX said:
Ref: CFAO 19-41 -- COMMON-LAW RELATIONSHIPS
BTW, for the military it is a one year requirement.
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.
http://www.admfincs.forces.gc.ca/qr_o/vol1/ch001_e.asp - see QR&O 1.075
FYI - it's one year.
JDMCRX said:
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.
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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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