The Divorce Act Changes Explained

Interjurisdictional proceedings

Application
(Section 18.1(3), Divorce Act)

New section

Application

(3) For the purpose of subsection (1), a former spouse shall submit an application to the designated authority of the province in which they are resident.
Old section

None.

What is the change

To commence an inter-jurisdictional proceeding, a former spouse must submit an application to the designated authority in the province where they reside.

Reason for the change

The amendment clarifies to which designated authority a person must submit their application to commence an inter-jurisdictional proceeding. The applicant is not required to notify the other party of the application.

When

March 1, 2021.