Author Topic: Common Law Marriage in the Canadian Forces - Mega Thread  (Read 151237 times)

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Offline Ryan_T

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Re: Common Law Status Question
« Reply #400 on: April 27, 2017, 13:17:27 »
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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Offline Buck_HRA

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Re: Common Law Status Question
« Reply #401 on: April 27, 2017, 13:22:11 »
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.

Offline Buck_HRA

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Re: Common Law Status Question
« Reply #402 on: April 27, 2017, 13:24:09 »
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.

Offline Ryan_T

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Re: Common Law Status Question
« Reply #403 on: April 27, 2017, 13:30:34 »
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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Offline Buck_HRA

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Re: Common Law Status Question
« Reply #404 on: April 27, 2017, 14:06:08 »
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.