The Divorce Act Changes Explained

Jurisdiction

Two proceedings commenced on different days
(Sections 3(2), 4(2), 5(2) Divorce Act)

New section

Subsections 3(2) and (3) of the Act are replaced by the following:

Jurisdiction if two proceedings commenced on different days

(2) If divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a divorce proceeding was commenced first has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the second divorce proceeding is deemed to be discontinued.

Subsections 4(2) and (3) of the Act are replaced by the following:

Jurisdiction if two proceedings commenced on different days

(2) If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a corollary relief proceeding was commenced first has exclusive jurisdiction to hear and determine any corollary relief proceeding then pending between the former spouses in respect of that matter and the second corollary relief proceeding is deemed to be discontinued.

Subsections 5(2) and (3) of the Act are replaced by the following:

Jurisdiction if two proceedings commenced on different days

(2) If variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a variation proceeding was commenced first has exclusive jurisdiction to hear and determine any variation proceeding then pending between the former spouses in respect of that matter and the second variation proceeding is deemed to be discontinued.

Old section

Jurisdiction where two proceedings commenced on different days

(2) Where divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days and the proceeding that was commenced first is not discontinued within thirty days after it was commenced, the court in which a divorce proceeding was commenced first has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the second divorce proceeding shall be deemed to be discontinued.

Jurisdiction where two proceedings commenced on different days

(2) Where divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days and the proceeding that was commenced first is not discontinued within thirty days after it was commenced, the court in which a divorce proceeding was commenced first has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the second divorce proceeding shall be deemed to be discontinued.

Jurisdiction where two proceedings commenced on different days

(2) Where variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days and the proceeding that was commenced first is not discontinued within thirty days after it was commenced, the court in which a variation proceeding was commenced first has exclusive jurisdiction to hear and determine any variation proceeding then pending between the former spouses in respect of that matter and the second variation proceeding shall be deemed to be discontinued.

What is the change

The amendments clarify that if two applications for a proceeding (divorce, corollary relief or variation) involving the same spouses start on different days, the court in the province where the first application was made has jurisdiction, unless the first proceeding is discontinued. The amendment eliminates the requirement that the first proceeding be discontinued within 30 days.

Reason for the change

In many cases, the second proceeding is started long after the 30-day period has passed and is the better one to proceed with (for example, because it has the most current information). The amendment provides more time for the parties to discover the duplication of proceedings and to determine which proceeding should be discontinued. If the parties do not agree, however, the court where the first proceeding was started has exclusive jurisdiction. The change gives the parties additional flexibility and promotes efficiency.

When

March 1, 2021.