The Divorce Act Changes Explained

Interjurisdictional proceedings

Adjournment of proceeding
(Section 18.1(12), Divorce Act)

New section

Adjournment of proceeding

(12) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.
Old section

None.

What is the change

If the court does not have sufficient evidence to make a determination, it must adjourn the proceeding. The court can also make an interim order before adjourning the proceeding.

Reason for the change

It is important for the court to be able to adjourn the proceeding if further evidence from the parties is required to make a determination. In some cases, however, it can take months to obtain evidence from an applicant who lives in another jurisdiction. In the meantime, families may not receive the support they need. The amendment authorizes the court to make an interim order that can remain in force until the evidence is submitted and a final determination is made.

When

March 1, 2021.