The Divorce Act Changes Explained

Interjurisdictional proceedings

Service on respondent by court
(Section 18.1(7), Divorce Act)

New section

Service on respondent by court

(7) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.
Old section

None

What is the change

The court, or a person authorized to serve documents under provincial law, must serve the respondent with a copy of the application, as well as with a notice setting out the procedure the respondent must follow to respond to the application. The notice must also describe the respondent’s obligation to provide documents or information required under the applicable law.

Reason for the change

A respondent must be properly notified when an inter-jurisdictional application has been filed in their province. Along with this notification, the amendment ensures that a respondent receives information about how to respond, and about the information or documents (generally related to income) the respondent must provide to comply with the law.

When

March 1, 2021.