The Divorce Act Changes Explained

Miscellaneous

Recognition of foreign divorce
(Section 22(2), Divorce Act)

New section

Recognition of foreign divorce

(2) A divorce granted after July 1, 1968 by a competent authority, on the basis of the domicile of the wife in the country or subdivision of the competent authority, determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for the purpose of determining the marital status in Canada of any person.
Old section

Idem

(2) A divorce granted, after July 1, 1968, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so, on the basis of the domicile of the wife in that country or subdivision determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for all purposes of determining the marital status in Canada of any person.

What is the change

The amendment reflects the new definition of “competent authority” provided in s 2(1).

Reason for the change

These technical amendments improve clarity but do not change the substance of the provision.

When

March 1, 2021.