The Divorce Act Changes Explained

Definitions

Family dispute resolution process
(Section 2(1), Divorce Act)

New section

family dispute resolution process means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law; (mécanisme de règlement des différends familiaux)

Old section

None.

What is the change

The amendment defines “family dispute resolution process.” The term is used in the context of parenting orders and the duties of parties and legal advisers.

Reason for the change

The type and availability of dispute resolution processes varies considerably across Canada. In general, such processes are faster, less expensive and more effective ways to resolve disputes than court proceedings. The definition includes examples, but the term will apply to all such processes.

When

March 1, 2021.