cohabitation agreements

[S McPhee]

I was wondering if anyone could provide suggestions on things that should be covered in a cohabitation agreement.  I was warned by a few CF fellas that if you have lived with a common law partner, they would be entitled to a portion of your pension in the event of a separation.  I know that having a relationship in the CF can sometimes be challenging and that is why I think it would be a good idea to have your rear covered if things don't work out. 

Feedback from anyone who has moved in with someone who has a young dependant would also be good.  I understand that you can be liable for child support if you are found to be acting in place of a parent for a number of years. 

 

[Nfld Sapper]

How about asking your BOR? The staff there is full of valuable knowledge.

 

[niner domestic]

Start with reading the information on this site: http://www.hrsdc.gc.ca/en/isp/pub/factsheets/credit.shtml Then make an appointment with a qualified family law and estate planning lawyer to draw up any agreements you wish to enter into with a spouse. Ensure that both parties have independent legal advice prior to signing.  A lawyer will advise you as to how you may limit your liabilities and what you will not be able to waive or contract yourself out of in an agreement in accordance with your provincial family laws.  If you attempt a DIY contract, you may find yourself in a position later on that brings the wraith of the courts upon you for attempting to slide an unjust enrichment past them and the other party not to mention the thousands in fees to defend it. 

Here's another useful site that explains the difference between a cohab agreement and what some people confuse with the statutory declaration document. 

http://www.bcfamilylawresource.com/07/0702body.htm

 

[PO2FinClk]

How about asking your BOR? The staff there is full of valuable knowledge.

Yes they do, about processes relevant to DND. Clerks have absolutely nothing to do with Cohabitation Agreements, Prenuptial or anything remotely similar to any of those. Sorry, I get tired of folks thinking of clerks as tour guides or phone operators.

As niner mentions it is a matter between the member and his lawyer/notary, no involvement of CF.

 

[Michael OLeary]

.... it is a matter between the member and his lawyer/notary, no involvement of CF.

And if that is all he gets from his own Chief Clerk it may make more of an impression than advice from anonymous internet posters.

 

[PO2FinClk]

Perhaps, but I would argue it would have a very similar effect coming from his own Chain-of-Command which should be in measure to answer this question quite easily.

 

[Blackadder1916]

The advice given above is correct.  See a lawyer for the legal aspects of an agreement, see a clerk for the administrative aspects.  That being said, it is now time to get on the soapbox.  My apologies to the opening poster if this offends him, it is not my intent.  I know neither him nor his personal situation, but the question he posed I've heard before.  In fact, there has been at least one soldier who put the question to me as he was completing the statutory declaration as per Annex C to CFAO 19-41. 

I did a web search to see if that CFAO has been superceded and the best guess is maybe.  I did find something called CMP Instruction 15/06 dated in Aug 2006 that refers to supercession but that instr reads as if it had been written by a hairless ape who went to law school and staff school at the same time.  I will continue using the wording of CFAO 19-41 as the applicable reference.  Far be it from me to trumpet the sanctity of marriage or similar institutions (ask any of my ex-wives) but what I told that soldier is this.

"Be very careful before signing that document.  Read it carefully.  Are you fully aware of the statements that you are swearing to and their meaning, especially line 4 which states 'that we undertake to hold each other out as husband and wife'.  This document is not just saying that you lived together for a year and now you want the benefits of being able to live in PMQs and get some additional allowances when you're away.  It also means you are making a committment to someone else, a legal committment by signing this document but hopefully also an emotional one."

I now step down from the soapbox.

 

[imahikergirl]

I did a web search to see if that CFAO has been superceded and the best guess is maybe.

http://www.admfincs.forces.gc.ca/admfincs/subjects/cfao/019-41_e.asp. Found the CFAO.  Common-law with the military doesn't take effect until you have been living together for one year or have a child together whichever comes first.  It should not be taken lightly.

On a non-military note & just my 2 cents, if you are not sure about the relationship, perhaps you should take a step back and think about it some more.  It is not just the two of you, there is a child involved.