The Divorce Act Changes Explained

Interjurisdictional proceedings

Application of certain provisions
(Section 18.1(16), Divorce Act)

New section

Application of certain provisions

(16) Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (15).
Old section

None.

What is the change

All of the factors and objectives that apply to the making of an order or a variation order under the Divorce Act also apply to an inter-jurisdictional application, subject to modifications, as circumstances require.

Reason for the change

The substantive requirements for obtaining or varying a child support order or a spousal support order are the same whether the former spouses reside in the same or in different provinces or territories. As a result, courts must apply the factors and objectives set out under the Act when making or varying a child support or spousal support order in inter-jurisdictional proceedings.

When

March 1, 2021.