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Amendments to Divorce Act – What you need to know

Amendments to Divorce Act – What you need to know

13 June 2022

Section 12 of bill C78 comes into force on March 1, 2021. It Revolves around the divorce acts, the family orders, the agreements enforcement assistance act, and the garnishment attachment and pension diversion act.

Summary of the amendments

Rule 6 10(2) (B)

Under this rule, an electronic hearing might be held on the court's initiative. There is no requirement for a party to make any application.

Rule 12.26

The amendment here changes the process for applications that deal with orders which are made by the authority outside Canada and Alberta.

Rules 12.44 and 12.45

The amendments here add a process for another person than the spouse to obtain or vary in a parenting order. It can also include a contact order in respect of the marriage of the child.

Rule 12.451

It has been added to provide a process to suspend, vary or rescind any support when the respondent habitually resides outside Alberta.

Rule 12.46

It has been replaced with a new provision that helps in addressing ongoing inter-jurisdictional applications to obtain or support orders under the divorce act. It will happen only when respondent resides outside Alberta.

Rule 12.47

A new provision has replaced it to address incoming inter-jurisdictional applications to support orders under the divorce act. It is possible only when the applicant resides outside Alberta or in any designated jurisdiction outside Canada. As well, it must be identified under Alberta's integers dictionary support orders act.

Rule 12.53

It mainly adds requirements for judgments and orders regarding decision-making parenting time, contact responsibility, and support.

What does this ideally mean?

The majority of the amendments apply to the parents that reside outside Canada or Alberta. The modifications have been made to improve the best interests of the child of parents who are divorcing.