Topic: Proof of a common-law relationship

[PhilB]

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

[Shadow Cat]

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.

[Springroll]

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)

[Teltech]

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 

[Eowyn]

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.

[Serenity]

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.

[dapaterson]

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.

[Jake]

I was just coming on to Army.ca to post this same question, thanks. 

[Shamrock]

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.

[George Wallace]

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.

[Serenity]

 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.

[dapaterson]

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.

[Serenity]

I was also wondering about signing a Common-Law Partner Agreement.  From what I have read, it would satisfy the requirements of the Military.  But to get it notarized we may have the same issue with proof.

Has anyone used one of these documents to prove common-law status?

[Michael O'Leary]

See:

Affidavits and Statutory Declarations
http://www.admfincs.forces.gc.ca/admfincs/subjects/daod/7000/0_e.asp

[ccdec]

It happens often that people start living together and one already has an appartment or other accommodation under their name. If your landlord knew that he was living with you you can ask them for a letter stating this.  Bring the letter in when you fill out your Comon Law Recognition paper work.  Your CO should be satisfied with this, if not he would have someone call the landlord but in my experience the CO will be satisfied.  The Adjutant would normally check it out.  This happened alot when I was clerking with the Bn.

[sunshine]

Hi ... I'm sorry, I'm new to all of this.  I have a boyfriend starting Basic soon - I'm not really sure how any of this works.  When he's done all of his training, what will happen?  When he's posted to a base, would we need to be married or common-law for me to live with him there?

[Bruce Monkhouse]

Sunshine,
No one can answer your questions for the future as no one knows what it holds. I suggest you start reading this section of the forum and a lot of different scenario's will be presented to you....

Good luck.

[Zoomie]

Serenity et al - when it comes to Common-law relationships there is a sure fire method of convincing the CF that you are in one.  The two of you should get together, visit a Notary and get a notarized document stating that you have been living in a Common-Law relationship for X years.  This document is considered law (as you are swearing before a Notary) and no further proof is required.  Submit this civil document along with your memorandum and you're golden.  Get it done before he leaves St-Jean.  Your change in status cannot be processed mid-move or after he has been posted (i.e. if you want to move your stuff too).

[Blackadder1916]

...The two of you should get together, visit a Notary and get a notarized document stating that you have been living in a Common-Law relationship for X years.  This document is considered law (as you are swearing before a Notary) and no further proof is required. 

This is needed anyway, however they do not have to use or pay a Notary (except perhaps in Que & Sask).  When making application for recognition of a common-law relationship under CFAO 19-41, the member and his common-law spouse are required to complete and submit an affidavit/statutory declaration.  It can be sworn or solemnly declared to a CF officer IAW DAOD 7000-1 (CFAO 59-1).

Stat declarations are not per se military documents but are done under authority of provincial or territorial law.  The CFAO that refers to them specifically outlines the requirements and jurats for each individual province.

[RCR4LIFE]

I'll message you.