The Divorce Act Changes Explained

Miscellaneous

Agreements entered into under subsection 25.1(1)
(Section 35.2, Divorce Act)

New section

The Act is amended by adding the following after section 35.1:

Agreements entered into under subsection 25.1(1)

35.2 Any agreement entered into by the Minister of Justice under subsection 25.1(1), as that subsection read immediately before the day on which section 27 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act comes into force, and that continues to be in force on that day, is deemed to have been entered into under subsection 25.1(1), as that subsection read on that day.
Old section

None.

What is the change

The amendment clarifies that any agreement entered into by the Minister of Justice under s 25.1(1) continues to be in force and is deemed to have been entered into by the Minister of Justice under s 25.1(1) as it reads when s 27 comes into force.

Reason for the change

The amendment clarifies the status of previous agreements with provinces and territories related to the recalculation of child support. While these agreements may be amended to reflect the amendments, agreements signed prior to the coming into force of the new provisions remain in force.

When

March 1, 2021.