The Divorce Act Changes Explained

Interjurisdictional proceedings

Service not possible – returned application
(Service 18.1(8), Divorce Act)

New section

Service not possible — returned application

(8) If the court or authorized person was unable to serve the documents under subsection (7), they shall return the application to the designated authority referred to in subsection (5).
Old section

None

What is the change

The amendment clarifies that the court or the authorized person must return the application to the designated authority in their province if they are unable to properly serve the respondent.

Reason for the change

The amendment instructs the court or the authorized person on what to do if they are unable to properly serve the respondent.

When

March 1, 2021.