The Divorce Act Changes Explained
Duties – Legal Adviser
(Section 7.7(3), Divorce Act)
Certification(3) Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that they have complied with this section.
Certification(3) Every document presented to a court by a barrister, solicitor, lawyer or advocate that formally commences a divorce proceeding shall contain a statement by him or her certifying that he or she has complied with this section.
What is the change
The amendment clarifies that for all proceedings under the Act (divorce, corollary relief and variation), legal advisers must certify their compliance with this section in writing in initiating and responding documents.
Reason for the change
Previously, the certification requirements applied only to documents initiating a divorce proceeding. The expanded certification requirement will help remind legal advisers about their duties in different proceedings under the Act.
March 1, 2021.
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