The Divorce Act Changes Explained

Proceedings Between a Province and a Designated Jurisdiction

Application
(Section 19(3), Divorce Act)

New section

Application

(3) For the purposes of subsection (1), a former spouse shall submit, through the responsible authority in the designated jurisdiction, an application to the designated authority of the province in which the applicant believes the respondent is habitually resident.
Old section

None.

What is the change

In order to commence an inter-jurisdictional proceeding, a former spouse must submit an application to a responsible authority in the designated jurisdiction. The responsible authority would send the application to the designated authority in the province where the applicant thinks the respondent is habitually resident.

Reason for the change

The process is similar to that for provincial inter-jurisdictional proceedings, but the application would be made to the responsible authority in the applicant’s jurisdiction (designated jurisdiction). The responsible authority in the applicant’s jurisdiction has similar functions to a designated authority in a province. As is the case for provincial inter-jurisdictional proceedings, there is no requirement for the applicant to notify the other party of the application.

When

March 1, 2021.