The Divorce Act Changes Explained

Conversion of Applications

Conversion and sending of application
(Section 18.2(2), Divorce Act)

New section

Conversion and sending of application

(2) Subject to subsection (3) and despite section 5, the court that receives the request shall direct that the application made under paragraph 17(1)(a), along with the evidence in support of it, be considered as an application under subsection 18.1(3), and shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made.
Old section

None.

What is the change

The amendment sets out the mechanism to convert an application to vary a support order made under s 17 to an inter-jurisdictional variation application under s 18.1. The court receiving the conversion request from the respondent is required to send a copy of the application and evidence to the designated authority of the province in which the application was made.

Reason for the change

The amendment improves efficiency by helping to ensure that variation applications made under s 17 are converted to inter-jurisdictional applications. The change also clarifies how to administer these conversions.

When

March 1, 2021.