Common Law Marriage in the Canadian Forces - Mega Thread

[Danjanou]

The CF rule is 1 year or when a child is born as per the QR&O. Provinces have different regulations for their common-law status, but most are either 1 year, or 3 years if they even recognize it at all, that may be what people are referring to when they tell you bases aren't equal.

That probably is correct

Info for Ontario re C/L relationships/definitions etc. and some other useful info

http://www.ontarioinsurance.com/english/pensions/policies/active/S500-101.pdf

http://www.ontario.ca/en/life_events/baby/012220

http://www.ontario.ca/ontprodconsume/groups/content/@tsso/documents/document/stel01_078588.pdf

http://www.ontario.ca/en/life_events/moving/004437

 

[21trucker]

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
:yellow:

 

[CountDC]

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

 

[dapaterson]

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

 

[21trucker]

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?

:yellow:

 

[CountDC]

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

 

[21trucker]

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]

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]

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]

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]

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]

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]

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]

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]

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.

 

[dream3r]

Hi everyone, ???
I was wondering if there is any policy about common-law partner in army... we are both in reserve but in different unit. right now, my partner is pregnant for about 34 month, somehow she get alot of problem with her boss. everytime she does/did never enough for him. EVERYTIME i call or send a email to her boss, he told her "it's your job to call us not your partner..." . Well if she can't call because she can't talk! she got a fever. All i want to know if there is any policy for me to show him that i can do my job as a new daddy "common-law partner" . sorry for my bad English

 

[Eye In The Sky]

I don't think you'll find any policy that states "your partner can act on your behalf with your Chain of Command".  However, *most* units and mbrs can use common sense in a situation where 1 mbr isn't able to contact them because they are ill/feeling sick.

Did you mean to say she is 34 weeks pregnant vice months?  ;D

Try searching this site for "common law" or "common law status", it should provide you with some links and info on common law status within the CF.  If not, your units Ordely Room should be able to get you the references.  If your partner isn't able to make training because of how she feels and is far along in the pregnancy, maybe it is time for her to look into an authorized period away from her unit, whatever they are now for PRes members who are pregnant.  Maybe someone on here knows more about that aspect, the only thing that comes to mind for me is a period of ED & T ( Exempt Drill and Training).

 

[dream3r]

lol, yeah 34 weeks

I did search around to see anything that could help me.
as you said "common sense" i dont think her boss have any. it isn't our first time, and it wont be our last time to get piss off by her boss. well she does have a ED&T...she work in OR... I was wondering if my partner can write a memo to give me some kind of authority to call her unit if she does have a pb or just "common sense"... ... is it possible?¿

 

[Eye In The Sky]

I've never heard of someone submitting a memo like that.  However, if she is on an ED & T, then I am not exactly sure what the issue is.  She is authorized a period of absence from the unit.  ???

Maybe if you can explain exactly what the problem is in some more detail, someone who has dealt with this before can chime in.

 

[Ayrsayle]

I have found lots of information on what is required to prove common-law status, etc - I am curious about when it should be done. I have read/heard many complaints/issues with individuals claiming Common-law status simply for the benefits and that it tends to look bad when you attempt the process directly before shipping out, etc. We've just recently qualified as Common-law, and not when I had first submitted my application.

Should I be changing my status now (currently Merit listed and waiting, like many others) or would it be more appropriate to wait until after I have an offer?