The Divorce Act Changes Explained

Duties – Legal Adviser

Reconciliation
(Section 7.7(1), Divorce Act)

New section

Legal Adviser

Reconciliation

7.7 (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding

(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and

(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.
Old section

Duty of legal adviser

9 (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding

(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and

(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation,

unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

What is the change

The amendment re-orders the listing of duties under the Act, and replaces the phrase “barrister, solicitor, lawyer or advocate” with “legal adviser.”

Reason for the change

The changes make the structure of the Act easier to understand. The term “legal adviser” is defined in s 2(1) as “any person qualified in accordance with the law of a province to represent another before the courts in a province.” In addition, the more inclusive “they” replaces “he or she” throughout the Act. This amendment does not change any legal obligations.

When

March 1, 2021.