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

Marginal note:Duty of court — reconciliation

• 10 (1) In a divorce proceeding, it is the duty of the court, before considering the evidence, to satisfy itself that there is no possibility of the reconciliation of the spouses, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

• Marginal note:Adjournment

  (2) Where at any stage in a divorce proceeding it appears to the court from the nature of the case, the evidence or the attitude of either or both spouses that there is a possibility of the reconciliation of the spouses, the court shall

  • (a) adjourn the proceeding to afford the spouses an opportunity to achieve a reconciliation; and

  • (b) with the consent of the spouses or in the discretion of the court, nominate

    • (i) a person with experience or training in marriage counselling or guidance, or

    • (ii) in special circumstances, some other suitable person,

    to assist the spouses to achieve a reconciliation.

• Marginal note:Resumption

  (3) Where fourteen days have elapsed from the date of any adjournment under subsection (2), the court shall resume the proceeding on the application of either or both spouses.

• Marginal note:Nominee not competent or compellable

  (4) No person nominated by a court under this section to assist spouses to achieve a reconciliation is competent or compellable in any legal proceedings to disclose any admission or communication made to that person in his or her capacity as a nominee of the court for that purpose.

• Marginal note:Evidence not admissible

  (5) Evidence of anything said or of any admission or communication made in the course of assisting spouses to achieve a reconciliation is not admissible in any legal proceedings.