The Divorce Act Changes Explained

Miscellaneous

Provisional orders
(Section 35.9, Divorce Act)

New section

Provisional orders

35.9 If, before the day on which this section comes into force, a provisional order was made under subsection 18(2) as it read immediately before that day, the provisional order is deemed, as of that day, to be an application made under in subsection 18.1(3) and shall be dealt with and disposed of as such.
Old section

None.

What is the change

The amendment specifies how to deal with a provisional order rendered pursuant to the old inter-jurisdictional support orders framework.

Reason for the change

The amendment provides a mechanism to deal with provisional orders made under the old s 18(2) of the Act. Such a provisional order is deemed to be an application made under s 18.1(3) of the new inter-jurisdictional support orders framework.

When

March 1, 2021.