The Divorce Act Changes Explained

Variation, rescission, suspension

Conditions of order
(Section 17(3), Divorce Act)

New section

Conditions of order

(3) The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought, and the court has the same powers and obligations that it would have when making that order.

Old section

Terms and conditions

(3) The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought.

What is the change

This amendment clarifies that courts making variation orders have the same powers and obligations as when making the original order.

Reason for the change

The amendment makes it easier to understand the court’s powers and responsibilities, particularly when making parenting orders and variation orders.

When

March 1, 2021.