The Divorce Act Changes Explained

Duties – Legal Adviser

(Section 7.7(3), Divorce Act)

New section


(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.
Old section


(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.