The Divorce Act Changes Explained

Miscellaneous

Recognition of foreign divorce
(Section 22(1), Divorce Act)

New section

Subsections 22(1) and (2) of the Act are replaced by the following:

Recognition of foreign divorce

22 (1) A divorce granted, on or after the coming into force of this Act, by a competent authority shall be recognized for the purpose of determining the marital status in Canada of any person, if either former spouse was habitually resident in the country or subdivision of the competent authority for at least one year immediately preceding the commencement of proceedings for the divorce.
Old section

Recognition of foreign divorce

22 (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.

What is the change

The amendment reflects the new definition of “competent authority” in s 2 and replaces the term “ordinarily resident” with “habitually resident” in the English version only.

Reason for the change

These technical amendments improve clarity but do not change the substance of the provision.

When

March 1, 2021.