The Divorce Act Changes Explained

Interjurisdictional proceedings

Respondent's habitual residence unknown
(Section 18.1(10), Divorce Act)

New section

Respondent’s habitual residence unknown

(10) If the habitual residence of the respondent is unknown, the designated authority shall return the application to the designated authority referred to in subsection (3).
Old section

None.

What is the change

When the designated authority does not know where the respondent resides, it must return the application to the designated authority in the applicant’s province.

Reason for the change

The amendment improves efficiency and avoids unnecessary delays.

When

March 1, 2021.