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Difference between revisions of "Divorce (3:IV)"
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→1. Jurisdiction
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There must not be another divorce proceeding involving the same parties in another jurisdiction. If two actions are pending and were commenced on different days, | There must not be another divorce proceeding involving the same parties in another jurisdiction. If two actions are pending and were commenced on different days (divorce, corollary relief or variation), the court in which a divorce proceeding was commenced first has exclusive jurisdiction unless the first proceeding is discontinued (DA s 3(2)). As of March 1, 2021 there is no requirement that the first proceeding be discontinued within a certain amount of time in order to instead move forward with the second proceeding. | ||
If two proceedings were commenced on the same day, the parties have 40 days to discontinue one of such proceedings (divorce, corollary relief, or variation) (DA s 3(3), 4(3), 5(3)). If neither proceeding is discontinued within the allotted time, an application can be made by either or both of the parties to have the Federal Court determine which court retains jurisdiction by applying the following: | |||
a. If either proceeding includes parenting order application, the court that retains jurisdiction is the court in the province in which the child is habitually present; | |||
b. If no parenting order, the court in the province the spouses last maintained habitual residence in common retains jurisdiction; and | |||
c. In any other case, the court that the Federal Court determines most appropriate retains jurisdiction. | |||
=== 2. A Valid Marriage: Proof of Marriage === | === 2. A Valid Marriage: Proof of Marriage === | ||
