The Divorce Act Changes Explained

Interjurisdictional proceedings

Sending application to respondent's province
(Section 18.1(4), Divorce Act)

New section

Sending application to respondent’s province

(4) After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the designated authority of the province in which the applicant believes the respondent is habitually resident.
Old section

None.

What is the change

The designated authority must review the application for completeness. Then, they send it to their counterpart in the province where the applicant believes the respondent habitually resides.

Reason for the change

One way that the new procedure will improve efficiency is to ensure the completeness of applications. The designated authority must ensure that applications include all necessary information and that completed documents are sent to the appropriate province.

When

March 1, 2021.