The Divorce Act Changes Explained

Recognition of Decision of designated Jurisdiction

Recognition of decision of designated jurisdiction varying support order
(Section 19.1(1), Divorce Act)

New section

Recognition of Decisions of Designated Jurisdiction

Recognition of decision of designated jurisdiction varying support order

19.1 (1) A former spouse who is resident in a designated jurisdiction may, through the responsible authority in the designated jurisdiction, make an application to the designated authority of the province in which the respondent habitually resides for recognition and, if applicable, for enforcement, of a decision of the designated jurisdiction that has the effect of varying a support order.
Old section

None.

What is the change

A former spouse may apply for the recognition, or for the recognition and enforcement, of a foreign decision that has the effect of varying a support order originally made under the Divorce Act.

Reason for the change

The amendment clarifies when a court can recognize a relevant decision made in another country. The circumstances are as follows: a court in Canada grants a support order under the Divorce Act; one of the former spouses moves to another country (a designated jurisdiction), and the support order is subsequently modified in that country. A court in Canada can then recognize and enforce the order made in the designated jurisdiction.

When

March 1, 2021.