Check out para 5.
CFAO 19-41 -- COMMON-LAW RELATIONSHIPS
PURPOSE
1. This order amplifies QR&O 1.075 insofar as it relates to the
recognition of common-law relationships by the Canadian Forces (CF).
RECOGNITION
2. The criteria for the recognition of marital relationships by the CF
are set out in QR&O 1.075. That regulation states, in part:
"(1) For the purposes of Volumes I and III of QR&O, an officer or
non-commissioned member is considered to be married to a person
only if the member and the person
(a) have gone through a form of marriage recognizable under
Canadian Law as establishing a legal marriage; or
(b) are living in a common-law relationship recognized pursuant
to paragraph (2) of this article."
3. The conditions for recognition by the CF of a common-law relationship,
as set out in QR&O 1.075(2), are as follows:
"(2) A commanding officer may, upon application by a member in the
manner prescribed in orders issued by the Chief of the Defence
Staff, recognize the member's common-law relationship where the
member establishes by affidavit or statutory declaration signed
by both persons in the relationship that they:
(a) are of opposite sexes;
(b) are not prevented by law, for any reason other than one or
both of them being legally married, from entering into a
legal marriage in Canada;
(c) have resided together as husband and wife continuously for
at least one year immediately preceding the application or,
if a child has been born to them, are residing together as
husband and wife with the child;
(d) undertake to hold each other out as husband and wife; and
(e) are authorized by law to reside in Canada on a permanent
basis."
4. To comply with the phrase "not prevented by law" in subparagraph
(2)(b) of QR&O 1.075 the parties to the relationship must:
a. be of sufficient age to marry without consent in the province or
territory in which the application is made (18 years outside of
Canada), or have obtained the necessary consent of a parent or
guardian;
b. have sufficient mental capacity to lawfully consent to the
relationship; and
c. not be related to each other to a degree that would preclude a
valid marriage under the law of the province in which they are
residing (Ontario law if outside Canada).
5. [size=10pt]The continuous period of at least one year referred to in subparagraph
(2)(c) of QR&O 1.075 may include periods of involuntary separation for
such reasons as temporary duty, attached posting or unaccompanied posting
(eg, a six-month UN tour). However, the couple must have resided together
as husband and wife during the remainder of the one-year period .[/size]