Common Law Marriage in the Canadian Forces - Mega Thread

[Eye In The Sky]

Yeah, I had an issue with this but it was more than several years ago.  IIRC there was a CANFORGEN that clarified/amplified the CLS requirements in the past few years.  However, being home I can't get to the DWAN to give an exact ref right now BUT your OR should have it and also know what unit specific direction says.

I thought there was a DAOD on CLS but...I didn't see one.  Not a 100% answer but...should have you firing on the right target at least to start with (unit OR).

 

[Tibbson]

I don't have the exact references but I was involved in a matter one time in which someone's Common Law status (not mine) was an issue.  At one time you needed to swear a document before your CO (or his/her designate) saying you were living with your partner for so long and that you not considered yourself in a Common Law relationship and then you had to reverse the process if it dissolved by swearing a document saying you were no longer living in a Common Law relationship.  Then the policy got to be that you just had to make the verbal declaration (tell your OR) stating you were no longer living Common Law if it fell apart. 

To top that all off there was some issues between the criteria by which the CAF considered someone to be living Common Law and what various Provinces required.  Did the CAF declaration of Common Law status apply only to someone's service estate and dealings with the CAF or did it apply also to matters outside the CAF?  If the time requirements for living together before being Common Law were different between the CAF policy and provincial standards...which one applied?  Especially in cases where the Common Law status was dissolved, or was believed to be dissolved between the parties.  It had the potential to be a real mess and in at least one case that came before a federal inquiry it was a real mess and the inquiry has yet to make it's final findings.

The long and sort of it all is that you are best served to consult your own OR staff and get the answer from them in order to ensure the answer is in line with both CAF policy and what ever Provincial policy you fall under. 

 

[dapaterson]

There is a Military Personnel Instruction that provides additional details.  I recommend going to the CMP DWAN homepage, select the Mil Pers Instructions link, and read the Common Law policy document.

 

[DAA]

CANFORGEN 008/11 outlines the Common-Law Partnership (CLP) requirements for recognition.

CLP is a very "testy" topic and one which usually isn't administered properly.  Unit CO's are the recognizing authority and when in doubt, should seek local AJAG guidance prior to denying a request.  You'd be surprised just how many times an AJAG will recommend recognition of a previously denied request for CLP status.

 

[bruyns]

Good luck - my only advice to you - get married or be common-law before he signs up - make sure he claims you as his dependent before signing the line.

Can anyone elaborate on this? I leave next month for BMOQ as a DEO pilot and my GF and her son have been living with me for 2 years. She is separated not officially divorced and I didn't see the point in claiming common law status. Are their a lot of benefits to doing it before I leave? I was planning on doing it before I leave for Moose Jaw assuming she still wanted to accompany me.

I'm aware I would get $120 a month less in deductions at BMOQ, are there other benefits?

 

[bruyns]

Thanks for the links, but unfortunately they were no help for my question as the information had nothing to do with if there are benefits to declaring common law before BMOQ rather than at a later point in time. I am already aware of the pay bump and that the dependents would have more benefits, but the post earlier made it seem like it was important to declare common law status before basic so I was wondering if there was any other reason for that.

I also came to the realization it would be impossible anyways since my GF lost her birth certificate and it is required for me to bring it to BMOQ if I am naming her a dependent so I will stick to my plan of naming her as common law in the future and forgo the extra few bucks I could have made while in St. Jean.

 

[BC Old Guy]

The rules may have changed since I retired.  The reason to be married or common-law before BMOQ//BMQ was if you are married you would qualify for a cost move of spouse and dependents.  Of course, then you have to be authorized for the move.  If married after enrollment, you would be responsible for the cost of their move.

BCOG

 

[BinRat55]

Thanks for the links, but unfortunately they were no help for my question as the information had nothing to do with if there are benefits to declaring common law before BMOQ rather than at a later point in time. I am already aware of the pay bump and that the dependents would have more benefits, but the post earlier made it seem like it was important to declare common law status before basic so I was wondering if there was any other reason for that.

I also came to the realization it would be impossible anyways since my GF lost her birth certificate and it is required for me to bring it to BMOQ if I am naming her a dependent so I will stick to my plan of naming her as common law in the future and forgo the extra few bucks I could have made while in St. Jean.

Bruyns - as BC said, upon completion of your training (BMOQ, Phases...) on your initial posting to where ever DND will pay to move you. If you are not at least common law they will not pay for her and son. Trust me - just that alone makes a big difference. Add to this - if you are planning to get a PMQ - well, you're single aren't you? Now think about the 80% coverage in drugs for her and the boy. Not a dependant? Pay out of pocket. What happens (knock wood) if you're injured while on BMOQ? SOL for any type of care for your non-dependants.

The cost of replacing the lost birth certificate - $30. The benefit of adding her as a dependant - well beyond the 30 bucks!

Now, all that is well and good but the bottom line is only do it if you're ready to commit to that relationship. Weigh the seriousness to your bachelor ways. That's from a heart standpoint. But if you are going to do it anyway, my simple opinion would be to do it now. My  :2c:

 

[runormal]

Regardless of anything related to the military finalize the flipping divorce. Do it while people aren't bitter. It can come back to bite you. My aunt is currently crawling back to my uncle to try and get more money out of him now years after.

 

[Journeyman]

She is separated not officially divorced and I didn't see the point in claiming common law status.

It simplifies things that polygamy has been upheld as illegal in Canada; you cannot be common-law 'married' to a person already legally married. It's a non-starter.

 

[bruyns]

Bruyns - as BC said, upon completion of your training (BMOQ, Phases...) on your initial posting to where ever DND will pay to move you. If you are not at least common law they will not pay for her and son. Trust me - just that alone makes a big difference. Add to this - if you are planning to get a PMQ - well, you're single aren't you? Now think about the 80% coverage in drugs for her and the boy. Not a dependant? Pay out of pocket. What happens (knock wood) if you're injured while on BMOQ? SOL for any type of care for your non-dependants.

The cost of replacing the lost birth certificate - $30. The benefit of adding her as a dependant - well beyond the 30 bucks!

Now, all that is well and good but the bottom line is only do it if you're ready to commit to that relationship. Weigh the seriousness to your bachelor ways. That's from a heart standpoint. But if you are going to do it anyway, my simple opinion would be to do it now. My  :2c:

Thanks for the responses

For the above she has looked at getting her birth certificate, but needs a guarantor that has known her for 2 years with a certain profession and not living in Barrie long she didn't have anyone. We do have someone now so there is a chance that she could have it before I leave JAN 16th.

I definitely would need to declare common law before my first posting and that makes complete sense. I am a home owner and have her tax return from 2014 with her name and my address on it so proof we live together is taken care of. Her and her son have native status so they already have some benefits through that so I wasn't that concerned with the benefits while I'm away. I also have asked that she finalize her divorce before we declare common law, but her ex is refusing to sign the papers she sent which complicates things further. I did read in the links posted above that separated people can still declare common law status so it shouldn't be an issue and there are ways to finalize a divorce when one partner refuses too.

 

[Pusser]

It simplifies things that polygamy has been upheld as illegal in Canada; you cannot be common-law 'married' to a person already legally married. It's a non-starter.

Not true.  Having a spouse does not prevent anyone from having a common-law relationship with someone else (as long as the spouses are separated).  The QR&O states:

1.075 - COMMON-LAW PARTNER AND COMMON-LAW PARTNERSHIP
(1) This article applies to all regulations, orders and instructions issued to the Canadian Forces under the National Defence Act.

(2) The definitions in this paragraph apply in this article.

"common-law partner" (conjoint de fait)
in relation to an officer or non-commissioned member, means a person who has been cohabiting with the member in a conjugal relationship
for a period of at least one year; or
for a period of less than one year, if the member and the person have jointly assumed the support of a child.

"common-law partnership" (union de fait)
means the relationship between an officer or non-commissioned member and the common-law partner of that member.

(3) In the definition "common-law partner", child means a child or legal ward of the common-law partner or the member or both, or an individual adopted legally or in fact by the common-law partner or the member or both.

(4) For greater certainty, a common-law partnership does not end solely because the officer or non-commissioned member and the common-law partner are living separately for military reasons.

(5) When an officer or non-commissioned member has a spouse from whom the member is separated and a common-law partner, a reference to a "spouse or common-law partner" in respect of that member means the common-law partner.

(G) [P.C. 2001-1508 effective 1 September 2001]

 

[Journeyman]

I stand corrected.

 

[GearHead]

hi, I'm trying to get common law status for my partner and I. We have a 5 month old son and have a joint bank account and a lease together. The problem I'm having is my recruiter tells me I need a piece of mail, bill or something with our address on it for them to sign off on our common law status. The only mail that comes to our address is the power bill which is in my name. We've lived together in other places and our lease is always a year and to be constantly changing addresses and re routing mail would be a headache so we both left it at our parents until we purchase a house and won't be moving every year. Am I wrong to assume a lease, joint bank account, and joint responsibility of our 5 month old son is enough to declare common law? 

 

[GearHead]

Thank you for your response. However they require the bill to be back dated a year. Which isn't going to happen as there's only the one bill in my name for power. I think a piece of mail is an inadequate assumption that 2 ppl are in a marriage like relationship. A joint bank account, a lease and a child should be enough to establish common law but he said the captain won't sign without a piece of mail back dated a year with this address and our names on it. I'm not about to sign as single when I clearly have her and the child as dependants just because they don't want to recognize it due to not having a piece of mail.

 

[SupersonicMax]

Not a recruiter, but if you have a child with your spouse, you just need to prove you live together.  It doesn't have to be for a year. Change the name on your bill to both your names and you'll be fine.

 

[Pusser]

Not a recruiter, but I have some expertise in this area.  The applicable regulation (QR&O 1.075) is clear:

1.075 - COMMON-LAW PARTNER AND COMMON-LAW PARTNERSHIP

(1) This article applies to all regulations, orders and instructions issued to the Canadian Forces under the National Defence Act.

(2) The definitions in this paragraph apply in this article.

"common-law partner" (conjoint de fait)in relation to an officer or non-commissioned member, means a person who has been cohabiting with the member in a conjugal relationship

a.  for a period of at least one year; or

b.  for a period of less than one year, if the member and the person have jointly assumed the support of a child.

"common-law partnership" (union de fait)means the relationship between an officer or non-commissioned member and the common-law partner of that member.

(3) In the definition "common-law partner", child means a child or legal ward of the common-law partner or the member or both, or an individual adopted legally or in fact by the common-law partner or the member or both.

(4) For greater certainty, a common-law partnership does not end solely because the officer or non-commissioned member and the common-law partner are living separately for military reasons.

(5) When an officer or non-commissioned member has a spouse from whom the member is separated and a common-law partner, a reference to a "spouse or common-law partner" in respect of that member means the common-law partner.

(G) [P.C. 2001-1508 effective 1 September 2001]

Your child's birth certificate showing your name as a parent should suffice, especially when combined with a bank statement for a joint account (it would have both names on it).  If you get electronic statements, simply print one off or ask your bank to give you one.  In this case, the dates on any of these documents are irrelevant (because you have a child together).  You don't need a piece of mail.  The list of acceptable things proving of a common-law relationship (that the Recruiting Centre seems to be using) is only a list of examples.  It is not all-inclusive, nor is it exhaustive.  The person telling you that you need a piece of mail is quite frankly, wrong (although I wouldn't advise you tell them that quite so bluntly).  If the "captain won't sign off on it," politely ask why, considering that the Queen's Regulations and Orders for the Canadian Forces, state that what you have is sufficient.

 

[da1root]

Good Day,

I'm a Recruiter and a Clerk.
 
Pusser's post is 100% accurate, when you have a child together you do not to be living together for a year, the birth of child makes it so that legally in the eyes of the military you are Common Law.
As a clerk all I've ever asked for in that case is a copy of the birth certificate with both names on it and I drafted the appropriate paperwork for the Commanding Officer to sign granting Common Law status.

If you have further issues with claiming Common Law status please do not hesitate to get in touch with me.

Cheers,
Sgt Laen

 

[mariomike]

Saw this in Ask a CAF Recruiter. Adding it here for future reference,

Common law requirements 
http://milnet.ca/forums/threads/121767/post-1412222/topicseen.html

Not a recruiter, but I have some expertise in this area.  The applicable regulation (QR&O 1.075) is clear:

1.075 - COMMON-LAW PARTNER AND COMMON-LAW PARTNERSHIP

(1) This article applies to all regulations, orders and instructions issued to the Canadian Forces under the National Defence Act.

(2) The definitions in this paragraph apply in this article.

"common-law partner" (conjoint de fait)in relation to an officer or non-commissioned member, means a person who has been cohabiting with the member in a conjugal relationship

a.  for a period of at least one year; or

b.  for a period of less than one year, if the member and the person have jointly assumed the support of a child.

"common-law partnership" (union de fait)means the relationship between an officer or non-commissioned member and the common-law partner of that member.

(3) In the definition "common-law partner", child means a child or legal ward of the common-law partner or the member or both, or an individual adopted legally or in fact by the common-law partner or the member or both.

(4) For greater certainty, a common-law partnership does not end solely because the officer or non-commissioned member and the common-law partner are living separately for military reasons.

(5) When an officer or non-commissioned member has a spouse from whom the member is separated and a common-law partner, a reference to a "spouse or common-law partner" in respect of that member means the common-law partner.

(G) [P.C. 2001-1508 effective 1 September 2001]

Your child's birth certificate showing your name as a parent should suffice, especially when combined with a bank statement for a joint account (it would have both names on it).  If you get electronic statements, simply print one off or ask your bank to give you one.  In this case, the dates on any of these documents are irrelevant (because you have a child together).  You don't need a piece of mail.  The list of acceptable things proving of a common-law relationship (that the Recruiting Centre seems to be using) is only a list of examples.  It is not all-inclusive, nor is it exhaustive.  The person telling you that you need a piece of mail is quite frankly, wrong (although I wouldn't advise you tell them that quite so bluntly).  If the "captain won't sign off on it," politely ask why, considering that the Queen's Regulations and Orders for the Canadian Forces, state that what you have is sufficient.

I'm a Recruiter and a Clerk.
 
Pusser's post is 100% accurate, when you have a child together you do not to be living together for a year, the birth of child makes it so that legally in the eyes of the military you are Common Law.
As a clerk all I've ever asked for in that case is a copy of the birth certificate with both names on it and I drafted the appropriate paperwork for the Commanding Officer to sign granting Common Law status.

 

[opcougar]

Late to the discussion, but just a couple of things single guys hooking up with women with kids need to know.

1. Quebec is the ONLY province in Canada that doesn't recognize common law. The owner of cirque soleil won a landmark case that went all the way to the supreme court and set a precedent in the last couple of years. He didn't have to pay alimony to his Brazilian gold digger gf, she only got child support

http://www.cbc.ca/news/canada/montreal/unmarried-quebec-couples-have-no-right-to-alimony-court-rules-1.1322347

http://www.theglobeandmail.com/news/national/quebec/quebec-court-decision-means-common-law-spouses-can-sue-for-alimony/article1784205/

2. If you hook up with someone with kid(s), and even though they are already collecting child support from bio dad, they can come after you (new guy) for double-dipping child support if you had that kid as a dependent, disciplined (not beat) the kid, attended PTA, went on vacay together, kid called you daddy/mommy, etc.....look up in-loco parentis (i.e step parent) child support cases

3. This is something nobody tells you and you just find out the hard way after. A lot of the women going round doing this, know this and talk among themselves about pulling this stunt.

4. Don't let sex cloud your judgement, and even worse if the person doesn't work as you will have to pay child support and alimony, which can leave you with nothing after your wages is being garnished via the OR.

Checkout this federal table for child support alone, without spousal support / alimony. You wonder why some men have turned to alcohol and drugs due to their own ignorance, and letting looks/sex get the better of them.

http://www.justice.gc.ca/eng/fl-df/child-enfant/fcsg-lfpae/2011/pdf/ona.pdf

Step-parent trap

http://www.duhaime.org/LegalDictionary/I/InLocoParentis.aspx

Can anyone elaborate on this? I leave next month for BMOQ as a DEO pilot and my GF and her son have been living with me for 2 years. She is separated not officially divorced and I didn't see the point in claiming common law status. Are their a lot of benefits to doing it before I leave? I was planning on doing it before I leave for Moose Jaw assuming she still wanted to accompany me.

I'm aware I would get $120 a month less in deductions at BMOQ, are there other benefits?