Common Law Marriage in the Canadian Forces - Mega Thread

[Lumber]

Get her dad to draft up an agreement. You will need it to show you are still living together as common law. Thats what my recruiter informed me to do. They need all docs

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Do not get her dad to draft up an agreement. There is absolutely zero requirement for this, and while the agreement would make things go more smoothly, it will perpetuate a practice that is unnecessary and incorrect.

In order to be legally considered common law in the military, you must cohabitate with your spouse for 1 year (it's a little more complicated than that, but that's the gist of it). The length of time required for by civilian government depends on which province you are in.

What is extremely important is that none of these laws state that to be "cohabiting"  you have to be paying rent together, have a mortgage together, or have a lease together. Further, you don't even have to be paying rent/mortgage yourself. If my permanent address is my parent's basement and I pay no rent, than that is my permanent address. How many people in this world own a house, or have an apartment, and their spouse's name does not appear anywhere on the relevant documents? How many people have spouses who don't actually work? What about spouses that don't work, don't drive, so that there names don't appear on the lease/mortgage, nor do they have a licence or bill that has their permanent address on them. Are these people ineligible for "common law" status? No, they are absolutely eligible.

All you need to do is submit a Statutory Declaration stating that you two live together. Period.

If the OR says that your names have to appear on some sort of lease/deed in order to be eligible for common law status, tell them to stuff it.

 

[Ryan_T]

I disagree. Ive been living common for many many yrs. And even my recruiter said they need documentation showing that you are still living together. I recommend talking to your recruiter to see what he/she wants. Here in BC, if its not documented, your not legally common law. I checked with my recruiter, he needed to see the docs showing that we in fact have been together for all these yrs. So a drafted by the dad or any doc showing you are still living together could be acceptable. I had to show proof my 1st time in, and with re-enrollment i had to show them i was still comon law.

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[Lumber]

I disagree. Ive been living common for many many yrs. And even my recruiter said they need documentation showing that you are still living together. I recommend talking to your recruiter to see what he/she wants. Here in BC, if its not documented, your not legally common law. I checked with my recruiter, he needed to see the docs showing that we in fact have been together for all these yrs. So a drafted by the dad or any doc showing you are still living together could be acceptable. I had to show proof my 1st time in, and with re-enrollment i had to show them i was still comon law.

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You're missing the point.

Yes, you have to provide proof that your are cohabiting and have been cohabiting for 1 year or more.

What is fundamental untrue is the idea that  in order to qualify as cohabitating that you need your names to appear on a lease or deed.

Making up a lease when there isn't one might actually be fraudulent.

 

[da1root]

Time for a Clerk to weigh in that has processed MANY common law status requests including one for myself.

In accordance with the Military Human Resources Records Procedures (MHRRP) the ONLY documents required to claim common law status is the request form itself and the statutory declaration.  There is NO requirement to provide a lease/mortgage document to prove that you have been co-habiting as a couple for the process, in every single common law status request that I have processed (including my own) I have yet to ever have a lease/mortgage attached to the package.

I have heard this requirement from many clerks these days and I have informed each and everyone one of them that they are not inline with the MHRRP when that state that this is a requirement.  Whoever is stating that this is a requirement may want to have a read of MHRRP Chapter 62 and QR&O 1.075.

 

[Ryan_T]

You're missing the point.

Yes, you have to provide proof that your are cohabiting and have been cohabiting for 1 year or more.

What is fundamental untrue is the idea that  in order to qualify as cohabitating that you need your names to appear on a lease or deed.

Making up a lease when there isn't one might actually be fraudulent.

Thats why you get a prov rental agreement and sign it. A normal letter would most likely be considered as fraud depending. Ive been going through that for over 20yrs, lol. I learned all about it when i did my residential tenancy course. However, many prov's have their own terms/acts of how to go abouts tenancy.

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[Ryan_T]

Time for a Clerk to weigh in that has processed MANY common law status requests including one for myself.

In accordance with the Military Human Resources Records Procedures (MHRRP) the ONLY documents required to claim common law status is the request form itself and the statutory declaration.  There is NO requirement to provide a lease/mortgage document to prove that you have been co-habiting as a couple for the process, in every single common law status request that I have processed (including my own) I have yet to ever have a lease/mortgage attached to the package.

I have heard this requirement from many clerks these days and I have informed each and everyone one of them that they are not inline with the MHRRP when that state that this is a requirement.  Whoever is stating that this is a requirement may want to have a read of MHRRP Chapter 62 and QR&O 1.075.

But it does make sense though to have proof or else anyone can claim common law when they actually arent and get a free move for the spouse.

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[da1root]

Thats why you get a prov rental agreement and sign it.

No, that's why directives as set out in the MHRRP Ch 62 need to be followed.

But it does make sense though to have proof or else anyone can claim common law when they actually arent and get a free move for the spouse.

No it doesn't make sense, it's not inline with policy.  Policy is there for a reason; for us to follow - not to make up our own rules.

As per the Military Human Resources Records Procedures (MHRRP) Ch 62 The ONLY paperwork required is the request form and the statutory declaration.  There is NOTHING on either form stating that a lease/mortgage is required.

The only requirement is that the member solemnly declares:
"that we have resided together for at least one year preceding the application for husband and wife/life long partners
that we have jointly assume the support of a child and are residing together as husband and wife/life long partners
that we publicly represent each other as husband and wife/life long partners; and
that we continue to live with each other as husband and wife/life long partners.

AND I make solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act."

Original Poster, ask for the "Common-Law Partnership Application" and "Recognition or Re-establishment of a Common-Law Partnership" forms that are available in the Military Human Resources Records Procedures (MHRRP) Ch 62 References/Forms/Checklists.

 

[da1root]

anyone can claim common law when they actually arent and get a free move for the spouse.

That's called Fraud, and the Stat Dec references the Canada Evidence Act for a reason.

 

[Ryan_T]

Maybe it doesn't make sense in the military because they have their own forms. But my recruiter wanted to see proof on top of the declaration that way they knew my marital status/residency was valid and correct.

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[da1root]

Note to this thread

For new recruits it is up to the Commanding Officer as to what documents that they want to prove the Common-Law status.  While I personally do not think a lease proves that you are cohabiting in a conjugal relationship, to the point the only place I've ever lived that didn't have just my name on it was when I was a university student and everyone living in the house was on the lease.

With that said I have raised this issue to the appropriate staff that there is no consistency in the requirements to prove common-law and it is now being looked at by the appropriate personnel at CFRG HQ. 

As I got the call saying I got the job my recruiter asked me if I had a martial status like common law or married.

If you send me a PM with what CFRC you're enrolling with I can lend a hand in making sure you have the right paperwork for that det CO to agree to your CL status.  Please do not do up a lease purely for the sake of claiming CL status, this is fraud.

 

[Ryan_T]

Wasn't sure if this would be the right area for this. If not, I do apologize. Anyway, I am waiting to be merit listed and my spouse and son are considering moving to her parents place for the the time frame that I am in training. Will the CF still help out with the move or will they go against it because she had to live elsewhere for temporary means?

 

[EpicBeardedMan]

Wasn't sure if this would be the right area for this. If not, I do apologize. Anyway, I am waiting to be merit listed and my spouse and son are considering moving to her parents place for the the time frame that I am in training. Will the CF still help out with the move or will they go against it because she had to live elsewhere for temporary means?

Short answer, no.

Long answer, the CF is not posting you anywhere until after your DP1/QL3 (Basic doesn't count) so you are not entitled to any financial aid until your initial posting. Her moving with your son to her parents place is not being forced upon her, that's a decision that she (and you) have made. Has nothing to do with the CF.

If I am wrong someone can correct me. I don't remember anyone getting financial assistance until they got posted when I did my QL3's/DP1.

 

[Ryan_T]

That is what I was asking about. When the posting happens, does they have to stay where we are living now, or can she go, stay with her parents (with all belongings) and they bring them with when the posting happens. We aren't separating.

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[PMedMoe]

That is what I was asking about. When the posting happens, does they have to stay where we are living now, or can she go, stay with her parents (with all belongings) and they bring them with when the posting happens. We aren't separating.

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This link may be of some help:

http://www.forces.gc.ca/en/about-policies-standards-benefits-relocation/2011-2012-directive-ch11.page

 

[Lumber]

That is what I was asking about. When the posting happens, does they have to stay where we are living now, or can she go, stay with her parents (with all belongings) and they bring them with when the posting happens. We aren't separating.

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Upon your first posting, the military will move, at government expense, your "House Hold Goods and Effects" (HG&E) from your old "Primary Residence" to your new "Primary Residence".

If while you are on your initial training, your family moves your HG&E and changes Primary Residence at your own expense, that's fine; when it comes time to move, the military will still pay for you to move from one primary residence to the next.

HOWEVER, one thing I could see happening is this. Say, right now, you live in Toronto, and your first posting will be in Kingston, and let's say that will cost the government $20,000 to move you. Now, you move your wife and kids and HG&E to her parents place, who live in Sudbury, and a move from Sudbury to Kingston would cost $30,000. It's possible the military will say "Hey, we didn't force you to move to Sudbury, so we're only going to cover $20,000 of that $30,000, and you have to cover the other $10,000. I don't know this for sure! But it's something I would look into.

If, however, her parents live in the same city as you guys currently live, then I don't see there being any problem at all, as the cost for both moves would be identical.

Cheers

 

[Ryan_T]

Upon your first posting, the military will move, at government expense, your "House Hold Goods and Effects" (HG&E) from your old "Primary Residence" to your new "Primary Residence".

If while you are on your initial training, your family moves your HG&E and changes Primary Residence at your own expense, that's fine; when it comes time to move, the military will still pay for you to move from one primary residence to the next.

HOWEVER, one thing I could see happening is this. Say, right now, you live in Toronto, and your first posting will be in Kingston, and let's say that will cost the government $20,000 to move you. Now, you move your wife and kids and HG&E to her parents place, who live in Sudbury, and a move from Sudbury to Kingston would cost $30,000. It's possible the military will say "Hey, we didn't force you to move to Sudbury, so we're only going to cover $20,000 of that $30,000, and you have to cover the other $10,000. I don't know this for sure! But it's something I would look into.

If, however, her parents live in the same city as you guys currently live, then I don't see there being any problem at all, as the cost for both moves would be identical.

Cheers

They would be going to Cowichan which is on Vancouver Island. We are currently in the Greater Vancouver area


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[Ryan_T]

This link may be of some help:

http://www.forces.gc.ca/en/about-policies-standards-benefits-relocation/2011-2012-directive-ch11.page

From what I read, it looks like my family's move would be our own expense in this situation.

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[PMedMoe]

From what I read, it looks like my family's move would be our own expense in this situation.

Yes, it would.

 

[Lumber]

From what I read, it looks like my family's move would be our own expense in this situation.

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11.1.02 Move of (D)HG&E

When CF members become entitled to move their (D)HG&E they may move from:

- the location of LTS;
- the residence that was occupied by CF members and/or their dependants prior to enrolment; or
- any location, however, reimbursement shall be limited to the cost that would have been incurred had the CF members HG&E been relocated from their place of enrolment.

The bit in yellow. As I said above.

 

[PMedMoe]

The bit in yellow. As I said above.

Yeah.  From the link I posted.