DIVORCE ACT

There are three types of proceedings under the Divorce Act:

• Divorce Proceedings; and
• Corollary relief proceedings; and
• Variation proceedings

A divorce proceeding is one in which either or both spouses seek a divorce alone or together with a child support order, spousal support order, or custody order. A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.

A corollary relief proceeding is one in which either or both former spouses seek a child support order, spousal support order, or a custody order. This allows the parties to divorce at an earlier stage and deal with corollary issues at a later date. A court in a province has jurisdiction to hear and determine a corollary relief proceeding if either former spouse is ordinarily resident in the province at the commencement of the proceeding or both former spouses accept the jurisdiction of the court.

A variation proceeding is one in which either or both former spouses seek a variation order. A variation order varies, rescinds, or suspends, prospectively or retroactively, a support order or a custody order or any provision thereof. A court in a province has jurisdiction to hear and determine a variation proceeding if either former spouse is ordinarily resident in the province at the commencement of the proceeding or both former spouses accept the jurisdiction of the court.