The Divorce Act Changes Explained

Conversion of Applications

Application to court
(Section 18.2(1), Divorce Act)

New section

Conversion of Applications

Application to court

18.2 (1) If an application is made to a court in a province under paragraph 17(1)(a) for a variation order in respect of a support order and the respondent habitually resides in a different province, the respondent may, within 40 days after being served with the application, request that the court convert the application into an application under subsection 18.1(3).
Old section

None.

What is the change

The respondent can request that the court convert a variation application made under s 17(1)(a) to an inter-jurisdictional application.

Reason for the change

The change improves efficiency by allowing the respondent to have the matter determined in their jurisdiction through the inter-jurisdictional support process, instead of the applicant’s jurisdiction.

When

March 1, 2021.