The Divorce Act Changes Explained

Interjurisdictional proceedings

Inter-Jurisdicitonal proceedings between provinces – Receipt and sending applications – If former spouses resides in different province
(Section 18.1(1), Divorce Act)

New section

Inter-Jurisdictional Proceedings Between Provinces

Receipt and Sending of Applications

If former spouses reside in different provinces

18.1 (1) If the former spouses are resident in different provinces, either of them may, without notice to the other,

(a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or

(b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.

Old section

None.

What is the change

This amendment establishes an application-based procedure to establish or vary a support order involving former spouses who reside in different provinces. It also enables a former spouse to request to have a child support amount calculated or recalculated by a provincial child support service if the service is available in the receiving jurisdiction.

Reason for the change

The new procedure is intended to reduce the time and costs associated with the previous two-stage hearing procedure.

As under the old procedure, it is possible to obtain the variation of a support order under the Divorce Act. In addition, under the new procedure, former spouses who did not seek corollary relief when their divorce was granted can request a support order. Also, a former spouse can send a request to the designated authority in their province to have child support calculated or recalculated by a provincial child support service in the province of the other spouse, if such a service exists. The provincial child support service in the receiving jurisdiction determines eligibility.

When

March 1, 2021.