The Divorce Act Changes Explained

Interjurisdictional proceedings

Procedure
(Section 18.1(2), Divorce Act)

New section

Procedure

(2) A proceeding referred to in paragraph (1)(a) shall be governed by this section, sections 18.2 and 18.3 and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.
Old section

None.

What is the change

Under the amendment, when former spouses reside in different provinces, inter-jurisdictional proceedings are governed by ss 18.2 to 18.3 and the law of the province to the extent that it is not inconsistent with the Act.

Reason for the change

While the Act sets out the basic process for inter-jurisdictional proceedings, it is supplemented by provincial and territorial laws and procedural rules. The new framework sets out the substantive rules for inter-jurisdictional proceedings under the Divorce Act while permitting provincial rules to apply as long as they are not inconsistent with the Act.

When

March 1, 2021.