The Divorce Act Changes Explained

Definitions

Corollary relief proceeding, divorce proceeding
(Section 2(1), Divorce Act)

New section

The definitions corollary relief proceeding and divorce proceeding in subsection 2(1) of the Act are replaced by the following:

corollary relief proceeding means a proceeding in a court in which either or both former spouses seek a child support order, a spousal support order or a parenting order; (action en mesures accessoires)

divorce proceeding means a proceeding in a court in which either or both spouses seek a divorce alone or together with a child support order, a spousal support order or a parenting order; (action en divorce)
Old section

corollary relief proceeding means a proceeding in a court in which either or both former spouses seek a child support order, a spousal support order or a custody order; (action en mesures accessoires)

divorce proceeding means a proceeding in a court in which either or both spouses seek a divorce alone or together with a child support order, a spousal support order or a custody order; (action en divorce)

What is the change

The amendment adds the term “parenting order” to the definitions of corollary relief proceeding and divorce proceeding.

Reason for the change

To emphasize the best interests of the child, the Divorce Act now features concepts and words that focus on relationships with children, such as parenting time and decision-making responsibility. The term “parenting order” replaces “custody order” throughout the Act, for instance.

When

March 1, 2021.