Author Topic: Common Law Marriage in the Canadian Forces - Mega Thread  (Read 146627 times)

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Offline Greywolf

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Common Law Marriage in the Canadian Forces - Mega Thread
« on: January 19, 2005, 19:22:34 »
Why is it that married or common law people get more benefits than single people?  E.g. married/common law people get more allowance for moving when they get posted and they don't have to pay for rations. 
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Re: Married/Common Law/Single
« Reply #1 on: January 19, 2005, 19:24:57 »
Just off the top of my head, there are two people in a married/common law relationship...
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Offline Greywolf

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Re: Married/Common Law/Single
« Reply #2 on: January 19, 2005, 19:36:35 »
What about 2 people (of a couple) who are both in the military?  Do they each still get more than a single person?
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Offline Zip

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Re: Married/Common Law/Single
« Reply #3 on: January 19, 2005, 19:51:28 »
What about 2 people (of a couple) who are both in the military?  Do they each still get more than a single person?

Nope, one member claims the movement expenses and gets the "bonus's".

The only bennifit that accounts for married service members to get more AFAIK is SEF. In a place where there is an SEF each member get's 75% of the SEF $ for a 150% share between the two.
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Re: Married/Common Law/Single
« Reply #4 on: January 19, 2005, 19:55:18 »
Nope, one member claims the movement expenses and gets the "bonus's".

The only bennifit that accounts for married service members to get more AFAIK is SEF. In a place where there is an SEF each member get's 75% of the SEF $ for a 150% share between the two.

The posting allowance ( one months pay) is paid in full to the senior member and the junior member gets half, in the case of service couples.

drive2live

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Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #5 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.

Offline frank249

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Re: common law and the army / ? please help
« Reply #6 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

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Re: common law and the army / ? please help
« Reply #7 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.

Offline Gumby

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Re: common law and the army / ? please help
« Reply #8 on: May 03, 2005, 05:21:02 »
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   ???  :warstory:  ???  LOL I think I'm in the fecal refuse for sure now.
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Offline kincanucks

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Re: common law and the army / ? please help
« Reply #9 on: May 03, 2005, 07:28:06 »
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     ???   :warstory:   ???   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.
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Re: common law and the army / ? please help
« Reply #10 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?

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Re: common law and the army / ? please help
« Reply #11 on: May 03, 2005, 08:47:26 »
In the military its a year.
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drive2live

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Re: common law and the army / ? please help
« Reply #12 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.

Offline PhilB

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Common law spouse: joining/already in (merged)
« Reply #13 on: August 03, 2005, 00:08:09 »
Hi a few quick questions about being commonlaw

a) What is the definition of commonlaw for the CF
b) What is the process for declaring yourself commonlaw
c) What proof/documentation must be provided
d) what additional benefits do you receive (in a deployed overseas context)
e) I have heard that your HLTA allowance may only be applied to your own expenses, or that of a wife/commonlaw partner. Is this the case?

Thanks very much for the help

Offline Shadow Cat

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Re: Commonlaw
« Reply #14 on: August 03, 2005, 09:47:34 »
Dont quote me on this but this is what my understanding is.

1.  One year for CF.  This seems ridiculous becuase for income tax purposes it is 6 months or immediate when children are involved.
2.  Don't know.  I think that it is proof and make sure you fill out your income taxes as common-law.
3.  Documentation can be in the way of a lease or mortgage where both parties are named,
4.  I dont know about overseas tours but for the newly recruited you get a seperation pay and your room/board and meals are free.
5.  Haven't moved yet, hopefully soon.

I know that this isn't much help but hey it is a start to the answer of a few of your questions.
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Offline Springroll

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Re: Commonlaw
« Reply #15 on: August 03, 2005, 10:19:57 »


a) What is the definition of commonlaw for the CF

The definition for a common law spouse through DND is the same as the rest of Canada. With the CF, you have to wait 1 year before being able to "sign the papers" to officially make you common law.

b) What is the process for declaring yourself commonlaw

Well there is a form that both you and your partner have to sign which is then givent o your command

c) What proof/documentation must be provided

We were not required to give any back in '99, but by what i have heard, anything will do as long as both your names are on it.

d) what additional benefits do you receive (in a deployed overseas context)

You will receive the same benefits as a married couple, such as separation pay etc

e) I have heard that your HLTA allowance may only be applied to your own expenses, or that of a wife/commonlaw partner.

It is used to get you to your next of kin, or whomever is on your PEN form, be it your mother, father or spouse(common law or otherwise)
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Offline Teltech

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Re: Commonlaw
« Reply #16 on: August 03, 2005, 11:09:51 »
Try this - it should answer some questions.

http://forums.army.ca/forums/index.php/topic,30772.0.html

Using the search function might find other info  8)
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Offline Eowyn

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Re: Commonlaw
« Reply #17 on: August 03, 2005, 14:34:00 »

a) What is the definition of commonlaw for the CF

The definition for a common law spouse through DND is the same as the rest of Canada. With the CF, you have to wait 1 year before being able to "sign the papers" to officially make you common law.

[

In Alberta it's 3 years, unless you have children or sign some papers.
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Offline Serenity

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Proof of a common-law relationship
« Reply #18 on: July 25, 2006, 22:13:53 »
I have searched this topic but need a bit more clarification.  And advice.

My boyfriend and I were living together for the year before he left for training.  He moved in with me and we never bothered to put his name on the lease.  It seemed there was no point as he was awaiting notification for when he would be leaving.  He kept his previous mailing address, bills stayed in my name.  So there is no actual proof that he lived here.

Now the subject of common-law has come up (we have been together for 6 years but only lived together one).  From everything I have read, there needs to be paperwork for the Military to recognize this as common-law.

I would appreciate any suggestions you can offer.


Offline dapaterson

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Re: Proof of a common-law relationship
« Reply #19 on: July 25, 2006, 22:17:38 »
Take a look at CFAO 19-41 http://www.admfincs.forces.gc.ca/admfincs/subjects/cfao/019-41_e.asp

It details the CF definition of common law and the paperwork needed to establish it.

Hope this is what you're looking for.
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Offline Jake

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Re: Proof of a common-law relationship
« Reply #20 on: July 25, 2006, 22:21:21 »
I was just coming on to Army.ca to post this same question, thanks.  :)

Offline Shamrock

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Re: Proof of a common-law relationship
« Reply #21 on: July 25, 2006, 22:21:46 »
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.

Offline George Wallace

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Re: Proof of a common-law relationship
« Reply #22 on: July 25, 2006, 22:32:08 »
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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Offline Serenity

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Re: Proof of a common-law relationship
« Reply #23 on: July 25, 2006, 22:32:59 »
 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.

I wondered about this.  Really don't want to cause any problems.

I can't find anything that shows he was here.  Not a bill, not even a Blockbuster membership.  We may be out of luck.

Offline dapaterson

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Re: Proof of a common-law relationship
« Reply #24 on: July 25, 2006, 22:46:00 »
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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