Author Topic: Common Law (so easy to search!!!) (Read 5678 times)

drive2live · « **on:** May 01, 2005, 11:07:20 »

i am on the merit list right know and i had a important ?
when i signed up i went in as common law. i have been with my girlfriend for 4 years and we are getting married when i am done my training.my question is! when i am done my training and i get based with they put us in a pmq or will i have to live in barracks? because that would not be good. also what are the pmq's like, are they big,nice ? if you have any answers it would be a great help.

frank249 · « **Reply #1 on:** May 02, 2005, 16:01:17 »

When you enroll, they let you fill out a form declaring your marital status. If you have been together at the same address for over a year you can declare common-law.

You have to stay in barracks only for the basic training. Depending on how long your QL3 training is, you can decide if you want to get a PMQ or an apartment down town. PMQs are small, most 700-900 sq ft and are becoming just as expensive as an civie apartment. The advantage is that they are close to work.

drive2live · « **Reply #2 on:** May 02, 2005, 19:43:00 »

thank you for the answer. just what i needed t know,. i did fill out the paper work as well as i gave them a credit card statement with both our names on it and a lease from our apartment.

Gumby · « **Reply #3 on:** May 03, 2005, 05:21:02 »

Quote from: frank249 on May 02, 2005, 16:01:17

When you enroll, they let you fill out a form declaring your marital status. If you have been together at the same address for over a year you can declare common-law.

This form (declaring marital status) when you enroll, is this done when you get sworn in? I don't remember seeing such a form. I've been living with my Girlfriend for about 2 years now, in my parents basement, down the street from her parents. There is no paperwork showing her living here. Is this going to be a problem do you think? This might be a wee bit hard to explain to her if I screwed this up somewhere

LOL I think I'm in the fecal refuse for sure now.

kincanucks · « **Reply #4 on:** May 03, 2005, 07:28:06 »

Quote from: QY Rang on May 03, 2005, 05:21:02

This form (declaring marital status) when you enroll, is this done when you get sworn in? I don't remember seeing such a form. I've been living with my Girlfriend for about 2 years now, in my parents basement, down the street from her parents. There is no paperwork showing her living here. Is this going to be a problem do you think? This might be a wee bit hard to explain to her if I screwed this up somewhere LOL I think I'm in the fecal refuse for sure now.

You have to prove that you were living together for at least one continuous year and the best way to do that is to produce a lease with both your names on it. So living in your parents basement without any paperwork is not going to cut it unless you have had a child together which is another way to prove your common-in-law relationship without the one year living together requirement. Otherwise get a shovel because you are in deep shyte.

drive2live · « **Reply #5 on:** May 03, 2005, 08:35:29 »

I was told that it only has to be 6 month to be considered common law. I have a friend that lives in the pmq's in gagetown, he said they are pretty big,from 1200 to 1500 sq ft, are they all the same or are they different, and do you get to pick what one you want?

Lone Wolf AT · « **Reply #6 on:** May 03, 2005, 08:47:26 »

In the military its a year.

drive2live · « **Reply #7 on:** May 03, 2005, 09:43:07 »

good to know. i will have to get my lease from moncton then , the one i gave the recruiter was only 8 months.

JDMCRX · « **Reply #8 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?

JBoyd · « **Reply #9 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

airmich · « **Reply #10 on:** October 29, 2007, 20:22:49 »

Quote from: JDMCRX 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?

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

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

284_226 · « **Reply #11 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.

JDMCRX · « **Reply #12 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.

284_226 · « **Reply #13 on:** October 29, 2007, 21:24:55 »

Quote from: JDMCRX on October 29, 2007, 21:09:53

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.

kincanucks · « **Reply #14 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?

JDMCRX · « **Reply #15 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

exgunnertdo · « **Reply #16 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.

Quote from: JDMCRX on October 29, 2007, 21:09:53

ive been helping her pay rent for a few years.

That's not common law.

[/rant]

PMedMoe · « **Reply #17 on:** October 31, 2007, 08:53:52 »

exgunnertdo, excellent statement!! +1

kincanucks · « **Reply #18 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.

FinClk · « **Reply #19 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.

21trucker · « **Reply #20 on:** August 07, 2009, 13:31:34 »

At what point does the CF recognize a common law relationship? I'm CTing to Reg force, and presently, we are not considered common law (4 months). Do they go by the date of the application to CT, or the signing of the offer? What about her 11 yr old son? Would i still be able to take her to my first posting, if it hasn't been a full year?

Thanks

CountDC · « **Reply #21 on:** August 07, 2009, 13:38:13 »

Basic you have to either live together for one year or have a child together.

dapaterson · « **Reply #22 on:** August 07, 2009, 13:42:22 »

Or you can always go to the courthouse and do a quick civil marriage ceremony.

21trucker · « **Reply #23 on:** August 07, 2009, 13:52:27 »

Did a search and did not find the answer to my question.
Is the relationship recognized when you start your CT, or the date you sign your offer?

CountDC · « **Reply #24 on:** August 07, 2009, 14:01:43 »

and as I already said - one year or a baby - the relationship is recognized when you meet the requirements.

21trucker · « **Reply #25 on:** August 07, 2009, 14:22:43 »

Quote from: CountDC on August 07, 2009, 14:01:43

and as I already said - one year or a baby - the relationship is recognized when you meet the requirements.

I know it's 1 year, or a baby. What i'm trying to get at is, i'm reseve, i put in for CT to Reg force, what if my offer comes back before the 1 year mark(chances are it won't), am i stuck in SQ, or can i get a PMQ? Will i be able to move them as well, or do i have to run out and get married?

gcclarke · « **Reply #26 on:** August 07, 2009, 14:56:12 »

If you haven't met the requirements to be considered common-law, then you will not be considered common-law. Whether you are going through a component transfer matters not. You may very well have to run out and get married.

CountDC · « **Reply #27 on:** August 07, 2009, 14:58:40 »

Quote from: 21trucker on August 07, 2009, 14:22:43

I know it's 1 year, or a baby. What i'm trying to get at is, i'm reseve, i put in for CT to Reg force, what if my offer comes back before the 1 year mark(chances are it won't), am i stuck in SQ, or can i get a PMQ? Will i be able to move them as well, or do i have to run out and get married?

now see that is different than your original primary question: At what point does the CF recognize a common law relationship?

The answer was still covered in other posts - No one is "stuck" in SQ - they make the choice to live there. PMQ depends on where you are posted - look up PMQs there are lots of posts on them.

You will be able to move them, just that it will be at your own cost if you do not meet the requirements of a married/common-law family. If you are driving to your new post this should be little additional cost out of your pocket - upgrade of hotel rooms and meals.

The household F&E will be moved by DND under your move.

No need to run out and get married - in fact IMO that would be a stupid reason to get married, just to save a few dollars on a move.

gcclarke · « **Reply #28 on:** August 07, 2009, 15:09:05 »

Quote from: CountDC on August 07, 2009, 14:58:40

No need to run out and get married - in fact IMO that would be a stupid reason to get married, just to save a few dollars on a move.

Ahhh yes good point. Allow me to retract my previous statement and amend it thusly:

You may very well have to run out and get married if you desperately wish to avail yourself of the financial benefits provided at the Crown's expense upon posting to those with a spouse.

Again, you can't have your cake and eat it too. You can't have the benefits associated with a long-term relationship without the commitment (either in the form of vows, a child, or time spent living together) needed to establish said relationship, in the eyes of those doling out said benefits.

21trucker · « **Reply #29 on:** August 07, 2009, 15:15:49 »

Quote from: gcclarke on August 07, 2009, 15:09:05

Ahhh yes good point. Allow me to retract my previous statement and amend it thusly:

You may very well have to run out and get married if you desperately wish to avail yourself of the financial benefits provided at the Crown's expense upon posting to those with a spouse.

Again, you can't have your cake and eat it too. You can't have the benefits associated with a long-term relationship without the commitment (either in the form of vows, a child, or time spent living together) needed to establish said relationship, in the eyes of those doling out said benefits.

The commitment is there. We are planning on children. She and her son have been living with me for 4 months, so when they come for "my" F&E, it will actually be hers. I had next to nothing, except the bare necessities.

I've heard CT are taking a considerable amount of time right now, so we will see.

gcclarke · « **Reply #30 on:** August 07, 2009, 15:24:26 »

I believe it was the last 9 words of my last post that were the key. You may feel that there is sufficient commitment in your relationship. The Government of Canada does not yet agree. That may change on its own by the date of your posting. If it does not, well then, your girlfriend will be expected to pay out of her own pocket should she wish to move to join you.

And yes I suppose we had yet to really answer your question. The date that matters is your COS (Change of Strength) date on your posting message. It's the date that you stop belonging to your old unit, and start belonging to your new unit. The CT application date and the signing of the offer and all that jazz don't come into account, as it is very well possible for someone to undergo a CT without a subsequent posting. Since you feel that it is rather likely that you will be posted after your CT, I assume that the date of the signing of your offer and the date of your posting will likely be rather close.

BinRat55 · « **Reply #31 on:** August 07, 2009, 20:12:24 »

I would also look into RLRS policies on first postings on CT's - there are some restrictions you may encounter and become very frustrated by...

Eye In The Sky · « **Reply #32 on:** August 08, 2009, 09:07:13 »

Such as no Posting Allowance (either the BAE or DAE portions) on your first posting after your CT. So, if you "go out and get married", don't count on cashing in on your PA either.

I have to ask this question; you are CTing. How come you folks never call your Res Unit OR and talk to a Clerk, or your immediae superior in your CoC? How come you never go look thru the CFAOs, CANFORGENs, DAODs, etc on your own at the Unit?

There was recenty a CANFORGEN released WRT this exact subject. Now, because I had XL Timmies already and oiled the ol brain up, I did this thing called "a search" using "CANFORGEN common law" and found...CANFORGEN 083/09 CLARIFICATION COMMON-LAW PARTNERSHIP IN THE CANADIAN FORCES(CF).

The last thing I will say is, your current or next CO does not HAVE to recognize your Common Law Status, at all. It doesn't say the word "shall", it says "may". It is at the CO's discretion to say yes/no to your application for CL Status.

PMedMoe · « **Reply #33 on:** August 08, 2009, 10:21:42 »

Quote from: 21trucker on August 07, 2009, 13:52:27

Did a search and did not find the answer to my question.
Is the relationship recognized when you start your CT, or the date you sign your offer?

Your CT date and signing your offer have nothing to do with how long you and your girlfriend have lived together. As long as you can produce something (a bill or lease) with both your names on it, then they will have considered you living together on (or around) that date/month.

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Author Topic: Common Law (so easy to search!!!) (Read 5678 times)

drive2live

drive2live

drive2live

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