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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Divorce (continued)

Marginal note:Effective date generally

  •  (1) Subject to this section, a divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered.

  • Marginal note:Special circumstances

    (2) Where, on or after rendering a judgment granting a divorce,

    • (a) the court is of the opinion that by reason of special circumstances the divorce should take effect earlier than the thirty-first day after the day on which the judgment is rendered, and

    • (b) the spouses agree and undertake that no appeal from the judgment will be taken, or any appeal from the judgment that was taken has been abandoned,

    the court may order that the divorce takes effect at such earlier time as it considers appropriate.

  • Marginal note:Effective date where appeal

    (3) A divorce in respect of which an appeal is pending at the end of the period referred to in subsection (1), unless voided on appeal, takes effect on the expiration of the time fixed by law for instituting an appeal from the decision on that appeal or any subsequent appeal, if no appeal has been instituted within that time.

  • Marginal note:Certain extensions to be counted

    (4) For the purposes of subsection (3), the time fixed by law for instituting an appeal from a decision on an appeal includes any extension thereof fixed pursuant to law before the expiration of that time or fixed thereafter on an application instituted before the expiration of that time.

  • Marginal note:No late extensions of time for appeal

    (5) Notwithstanding any other law, the time fixed by law for instituting an appeal from a decision referred to in subsection (3) may not be extended after the expiration of that time, except on an application instituted before the expiration of that time.

  • Marginal note:Effective date where decision of Supreme Court of Canada

    (6) A divorce in respect of which an appeal has been taken to the Supreme Court of Canada, unless voided on the appeal, takes effect on the day on which the judgment on the appeal is rendered.

  • Marginal note:Certificate of divorce

    (7) Where a divorce takes effect in accordance with this section, a judge or officer of the court that rendered the judgment granting the divorce or, where that judgment has been appealed, of the appellate court that rendered the judgment on the final appeal, shall, on request, issue to any person a certificate that a divorce granted under this Act dissolved the marriage of the specified persons effective as of a specified date.

  • Marginal note:Conclusive proof

    (8) A certificate referred to in subsection (7), or a certified copy thereof, is conclusive proof of the facts so certified without proof of the signature or authority of the person appearing to have signed the certificate.

Marginal note:Legal effect throughout Canada

 On taking effect, a divorce granted under this Act has legal effect throughout Canada.

Marginal note:Marriage dissolved

 On taking effect, a divorce granted under this Act dissolves the marriage of the spouses.

Corollary Relief

Interpretation

Definition of spouse

 In sections 15.1 to 16, spouse has the meaning assigned by subsection 2(1), and includes a former spouse.

  • R.S., 1985, c. 3 (2nd Supp.), s. 15
  • 1997, c. 1, s. 2

Child Support Orders

Marginal note:Child support order

  •  (1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to pay for the support of any or all children of the marriage.

  • Marginal note:Interim order

    (2) Where an application is made under subsection (1), the court may, on application by either or both spouses, make an interim order requiring a spouse to pay for the support of any or all children of the marriage, pending the determination of the application under subsection (1).

  • Marginal note:Guidelines apply

    (3) A court making an order under subsection (1) or an interim order under subsection (2) shall do so in accordance with the applicable guidelines.

  • Marginal note:Terms and conditions

    (4) The court may make an order under subsection (1) or an interim order under subsection (2) for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order or interim order as it thinks fit and just.

  • Marginal note:Court may take agreement, etc., into account

    (5) Notwithstanding subsection (3), a court may award an amount that is different from the amount that would be determined in accordance with the applicable guidelines if the court is satisfied

    • (a) that special provisions in an order, a judgment or a written agreement respecting the financial obligations of the spouses, or the division or transfer of their property, directly or indirectly benefit a child, or that special provisions have otherwise been made for the benefit of a child; and

    • (b) that the application of the applicable guidelines would result in an amount of child support that is inequitable given those special provisions.

  • Marginal note:Reasons

    (6) Where the court awards, pursuant to subsection (5), an amount that is different from the amount that would be determined in accordance with the applicable guidelines, the court shall record its reasons for having done so.

  • Marginal note:Consent orders

    (7) Notwithstanding subsection (3), a court may award an amount that is different from the amount that would be determined in accordance with the applicable guidelines on the consent of both spouses if it is satisfied that reasonable arrangements have been made for the support of the child to whom the order relates.

  • Marginal note:Reasonable arrangements

    (8) For the purposes of subsection (7), in determining whether reasonable arrangements have been made for the support of a child, the court shall have regard to the applicable guidelines. However, the court shall not consider the arrangements to be unreasonable solely because the amount of support agreed to is not the same as the amount that would otherwise have been determined in accordance with the applicable guidelines.

  • 1997, c. 1, s. 2

Spousal Support Orders

Marginal note:Spousal support order

  •  (1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of the other spouse.

  • Marginal note:Interim order

    (2) Where an application is made under subsection (1), the court may, on application by either or both spouses, make an interim order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of the other spouse, pending the determination of the application under subsection (1).

  • Marginal note:Terms and conditions

    (3) The court may make an order under subsection (1) or an interim order under subsection (2) for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order as it thinks fit and just.

  • Marginal note:Factors

    (4) In making an order under subsection (1) or an interim order under subsection (2), the court shall take into consideration the condition, means, needs and other circumstances of each spouse, including

    • (a) the length of time the spouses cohabited;

    • (b) the functions performed by each spouse during cohabitation; and

    • (c) any order, agreement or arrangement relating to support of either spouse.

  • Marginal note:Spousal misconduct

    (5) In making an order under subsection (1) or an interim order under subsection (2), the court shall not take into consideration any misconduct of a spouse in relation to the marriage.

  • Marginal note:Objectives of spousal support order

    (6) An order made under subsection (1) or an interim order under subsection (2) that provides for the support of a spouse should

    • (a) recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;

    • (b) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;

    • (c) relieve any economic hardship of the spouses arising from the breakdown of the marriage; and

    • (d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.

  • 1997, c. 1, s. 2

Priority

Marginal note:Priority to child support

  •  (1) Where a court is considering an application for a child support order and an application for a spousal support order, the court shall give priority to child support in determining the applications.

  • Marginal note:Reasons

    (2) Where, as a result of giving priority to child support, the court is unable to make a spousal support order or the court makes a spousal support order in an amount that is less than it otherwise would have been, the court shall record its reasons for having done so.

  • Marginal note:Consequences of reduction or termination of child support order

    (3) Where, as a result of giving priority to child support, a spousal support order was not made, or the amount of a spousal support order is less than it otherwise would have been, any subsequent reduction or termination of that child support constitutes a change of circumstances for the purposes of applying for a spousal support order, or a variation order in respect of the spousal support order, as the case may be.

  • 1997, c. 1, s. 2
 
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