The Divorce Act Changes Explained

Miscellaneous

Proceedings commenced before coming into force
(Section 35.3, Divorce Act)

New section

Proceedings commenced before coming into force

35.3 A proceeding commenced under this Act before the day on which this section comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with this Act as it reads as of that day.
Old section

None.

What is the change

The amendment clarifies that any proceedings under the Act underway when the amendments come into force would be subject to the Act as amended.

Reason for the change

Proceedings under the Act often continue for years. This amendment clarifies that the Act applies to ongoing proceedings that began before the coming-into-force date of the current amendments. All of the amendments are designed to operate well with the previous version of the Act and to promote a child-centred approach to resolving family law disputes.

When

March 1, 2021.