Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

Act current to 2017-11-20 and last amended on 2015-02-26. Previous Versions

Definition of court

  •  (1) In this section, court, in respect of a province, has the meaning assigned by subsection 2(1) and includes such other court having jurisdiction in the province as is designated by the Lieutenant Governor in Council of the province as a court for the purposes of this section.

  • Marginal note:Legal effect throughout Canada

    (2) Subject to subsection 18(2), an order made under any of sections 15.1 to 17 or subsection 19(7), (9) or (9.1) has legal effect throughout Canada.

  • Marginal note:Enforcement

    (3) An order that has legal effect throughout Canada pursuant to subsection (2) may be

    • (a) registered in any court in a province and enforced in like manner as an order of that court; or

    • (b) enforced in a province in any other manner provided for by the laws of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

  • Marginal note:Variation of orders

    (4) Notwithstanding subsection (3), a court may only vary an order that has legal effect throughout Canada pursuant to subsection (2) in accordance with this Act.

  • R.S., 1985, c. 3 (2nd Supp.), s. 20;
  • 1997, c. 1, s. 8.
Marginal note:Assignment of order
  •  (1) A support order may be assigned to

    • (a) any minister of the Crown for Canada designated by the Governor in Council;

    • (b) any minister of the Crown for a province, or any agency in a province, designated by the Lieutenant Governor in Council of the province;

    • (c) any member of the Legislative Assembly of Yukon, or any agency in Yukon, designated by the Commissioner of Yukon;

    • (d) any member of the Legislative Assembly of the Northwest Territories, or any agency in the Northwest Territories, designated by the Commissioner of the Northwest Territories; or

    • (e) any member of the Legislative Assembly of Nunavut, or any agency in Nunavut, designated by the Commissioner of Nunavut.

  • Marginal note:Rights

    (2) A minister, member or agency referred to in subsection (1) to whom an order is assigned is entitled to the payments due under the order, and has the same right to be notified of, and to participate in, proceedings under this Act to vary, rescind, suspend or enforce the order as the person who would otherwise be entitled to the payments.

  • 1993, c. 28, s. 78;
  • 1997, c. 1, s. 9;
  • 1998, c. 15, s. 23;
  • 2002, c. 7, s. 160;
  • 2014, c. 2, s. 34.

Appeals

Marginal note:Appeal to appellate court
  •  (1) Subject to subsections (2) and (3), an appeal lies to the appellate court from any judgment or order, whether final or interim, rendered or made by a court under this Act.

  • Marginal note:Restriction on divorce appeals

    (2) No appeal lies from a judgment granting a divorce on or after the day on which the divorce takes effect.

  • Marginal note:Restriction on order appeals

    (3) No appeal lies from an order made under this Act more than thirty days after the day on which the order was made.

  • Marginal note:Extension

    (4) An appellate court or a judge thereof may, on special grounds, either before or after the expiration of the time fixed by subsection (3) for instituting an appeal, by order extend that time.

  • Marginal note:Powers of appellate court

    (5) The appellate court may

    • (a) dismiss the appeal; or

    • (b) allow the appeal and

      • (i) render the judgment or make the order that ought to have been rendered or made, including such order or such further or other order as it deems just, or

      • (ii) order a new hearing where it deems it necessary to do so to correct a substantial wrong or miscarriage of justice.

  • Marginal note:Procedure on appeals

    (6) Except as otherwise provided by this Act or the rules or regulations, an appeal under this section shall be asserted, heard and decided according to the ordinary procedure governing appeals to the appellate court from the court rendering the judgment or making the order being appealed.

General

Definition of spouse

  •  (1) In this section, spouse has the meaning assigned by subsection 2(1) and includes a former spouse.

  • Marginal note:Affidavit re removal of barriers to religious remarriage

    (2) In any proceedings under this Act, a spouse (in this section referred to as the “deponent”) may serve on the other spouse and file with the court an affidavit indicating

    • (a) that the other spouse is the spouse of the deponent;

    • (b) the date and place of the marriage, and the official character of the person who solemnized the marriage;

    • (c) the nature of any barriers to the remarriage of the deponent within the deponent’s religion the removal of which is within the other spouse’s control;

    • (d) where there are any barriers to the remarriage of the other spouse within the other spouse’s religion the removal of which is within the deponent’s control, that the deponent

      • (i) has removed those barriers, and the date and circumstances of that removal, or

      • (ii) has signified a willingness to remove those barriers, and the date and circumstances of that signification;

    • (e) that the deponent has, in writing, requested the other spouse to remove all of the barriers to the remarriage of the deponent within the deponent’s religion the removal of which is within the other spouse’s control;

    • (f) the date of the request described in paragraph (e); and

    • (g) that the other spouse, despite the request described in paragraph (e), has failed to remove all of the barriers referred to in that paragraph.

  • Marginal note:Powers of court where barriers not removed

    (3) Where a spouse who has been served with an affidavit under subsection (2) does not

    • (a) within fifteen days after that affidavit is filed with the court or within such longer period as the court allows, serve on the deponent and file with the court an affidavit indicating that all of the barriers referred to in paragraph (2)(e) have been removed, and

    • (b) satisfy the court, in any additional manner that the court may require, that all of the barriers referred to in paragraph (2)(e) have been removed,

    the court may, subject to any terms that the court considers appropriate,

    • (c) dismiss any application filed by that spouse under this Act, and

    • (d) strike out any other pleadings and affidavits filed by that spouse under this Act.

  • Marginal note:Special case

    (4) Without limiting the generality of the court’s discretion under subsection (3), the court may refuse to exercise its powers under paragraphs (3)(c) and (d) where a spouse who has been served with an affidavit under subsection (2)

    • (a) within fifteen days after that affidavit is filed with the court or within such longer period as the court allows, serves on the deponent and files with the court an affidavit indicating genuine grounds of a religious or conscientious nature for refusing to remove the barriers referred to in paragraph (2)(e); and

    • (b) satisfies the court, in any additional manner that the court may require, that the spouse has genuine grounds of a religious or conscientious nature for refusing to remove the barriers referred to in paragraph (2)(e).

  • Marginal note:Affidavits

    (5) For the purposes of this section, an affidavit filed with the court by a spouse must, in order to be valid, indicate the date on which it was served on the other spouse.

  • Marginal note:Where section does not apply

    (6) This section does not apply where the power to remove the barrier to religious remarriage lies with a religious body or official.

  • 1990, c. 18, s. 2.
Marginal note:Recognition of foreign divorce
  •  (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.

  • Marginal note:Idem

    (2) A divorce granted, after July 1, 1968, 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, on the basis of the domicile of the wife in that country or subdivision determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for all purposes of determining the marital status in Canada of any person.

  • Marginal note:Other recognition rules preserved

    (3) Nothing in this section abrogates or derogates from any other rule of law respecting the recognition of divorces granted otherwise than under this Act.

 
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