New Year, New Leaf: Divorce in January

With the arrival of the first month of each new year, many lawyers report a steep increase in inquiries concerning separation or divorce. For those looking for precedents or general primers on divorce and separation, the Great Library has a wealth of material amongst our family law collection:

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Divorce Act & Bill C-78 – Unofficial Consolidation

Now available: an unofficial consolidation of the Divorce Act & Bill C-78.

A handy unofficial version of the Divorce Act that incorporates the pending changes in Bill C-78 is now available for free. The consolidation was created by B.C. family law arbitrator and author, John-Paul Boyd and announced on Slaw this week.

While commonly referred to as “The New Divorce Act”, Bill C-78 is officially cited as “An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act”, S.C. 2019, c. 16. The act significantly amends, but does not replace the current Divorce Act.

Boyd’s consolidated version will fill an important research need until the Bill C-78 changes take effect and are incorporated into the official consolidation of the Divorce Act on Justice Laws. Currently these amendments are listed separately following the text of the Divorce Act, under the heading “Amendments Not In Force”.

Further reading on Bill C-78:

The New Divorce Act: the Changes Are Coming…Eventually

Recently, we’ve been getting a lot of questions concerning what has been colloquially referred to as the “New Divorce Act”. This act, which is officially known as An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (S.C. 2019, c. 16, (Bill C-78)) —you can see the need for a shortened title—received royal assent on June 21st of this year and will make many changes to the Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)).

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