Is This Good Enough!

[Pte_Michaud]

I was just wondering to 100% clear on this one!
If your with someone how long do you have to be with them for common law...
6 months...and when would the military post a couple together if you guys are engaged or is common law good enough....
Just want to clear this up! Thanks! ;D

 

[George Wallace]

There are a couple of threads that deal in this matter quite extensively.  Just try the "Search" Function at the top of the page.

 

[PiperDown]

Quick answer...

In the CF, common law status is 1 year.. Unless you have a biological child with the person.. then you get common law status as soon as the child is born.
You have to prove you have been living as "husband and wife" for one year (with drivers licence, or any bill with a date and both of your names) or you can sign a stat-dec.. (basically swearing you have been living with each other for a year)

Cheers,

 

[bridges]

In terms of postings, the military doesn't differentiate between common-law marriages and registered (of that's the right term?) marriages - either way, you have a spouse. 

Engagements don't factor into the equation, unless you can also become common-law in the meantime, or unless your fiancé is somehow a factor in a request for compassionate posting for some reason.  Seen it happen.

However - how many service couples do we all know who've been posted to opposite ends of the country or world, regardless of their married status?  If you're facing this, one option might be for one of you to request an unpaid leave of absence fm the CF - this happens sometimes when one spouse is in the military or the foreign service, and gets posted.  For Regular Force mbrs this is called Leave Without Pay, and for Reserve Force mbrs this is called Exempt Duty & Training (used to be called Exempt Drill & Training).

Good luck - and do try that search function above.

 

[davidsonr_91]

what is a stat dec?  How do they work?

 

[Michael OLeary]

Statutory Declaration

Ask your Orderly Room staff about it.

 

[ajp]

Your CoC can handle the stat dec.  It is sworn in front of an officer, and each province has diff rules on Rank, etc.  In NB for example, it has to be a Maj.  The clerks at your Unit can access the forms as required.

 

[davidsonr_91]

Is this instead of providing something like a drivers license? This statutory declaration has to do with common law correct?

 

[ajp]

I believe, and I am no expert (ie SINGLE) but I think you have to prove the relationship to get the stat dec.  The Officer/OR will need some bit of proof to back it up, and initiate the paperwork.  Two people who have common bills that show the correct timeline can be Stat Dec'd.  If you just say you want a stat dec somone is going to ask for proof somewhere along the way.  A rent reciept from her dad might be suspect, but a power bill with both names, a little more solid. 

 

[Eye In The Sky]

Depending on your unit, and your CO, and things like that, some units require different items WRT to common law status. 

So, having said that, why not contact your staff in your orderly room and ask them how it is done at your unit?  I could tell you what we need here at the 409th Mukluk Repair Regiment, but that might mean nadda to your unit.

Your clerks also know all about the latest CANFORGEN on the subject.  Go see them.  Seriously.

Lastly, it is up to Unit COs, etc to agree to sign off on your Common Law status.  They *may* sign off, they may not.  Go see your clerks, they know what your CO is looking for to convince them you aren't trying to pull a fast one.

Go see your OR staff.

Seeing a pattern yet?

^-^

 

[ajp]

Or!!!!  Just take EITS's example and Tie the knot!

 

[FDO]

Either way she'll own half your stuff and all your butt!

 

[Eye In The Sky]

Or!!!!  Just take EITS's example and Tie the knot!

5 months and counting, so far she hasn't run away (yet).  Although, she does have the start date of my Attach Posting marked on the calendar with the phrase "woo hoo!" written in.  Is that a good sign?

 

[ajp]

I suspect you are safe.

 

[mariomike]

Either way she'll own half your stuff and all your butt!

"Your soul may belong to Jesus, but your ass belongs to me!"
I can't remember if that means marriage, or the Marines?!

 

[FDO]

Your soul may belong to Jesus, but your *** belongs to me!"
I can't remember if that means marriage, or the Marines?!

Either/or sometimes they are interchageable!