Divorce Act

Marginal note:Jurisdiction in variation proceedings

• 5 (1) A court in a province has jurisdiction to hear and determine a variation proceeding if

  • (a) either former spouse is ordinarily resident in the province at the commencement of the proceeding; or

  • (b) both former spouses accept the jurisdiction of the court.

• Marginal note:Jurisdiction where two proceedings commenced on different days

  (2) Where variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days and the proceeding that was commenced first is not discontinued within thirty days after it was commenced, the court in which a variation proceeding was commenced first has exclusive jurisdiction to hear and determine any variation proceeding then pending between the former spouses in respect of that matter and the second variation proceeding shall be deemed to be discontinued.

• Marginal note:Jurisdiction where two proceedings commenced on same day

  (3) Where variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day and neither proceeding is discontinued within thirty days after it was commenced, the Federal Court has exclusive jurisdiction to hear and determine any variation proceeding then pending between the former spouses in respect of that matter and the variation proceedings in those courts shall be transferred to the Federal Court on the direction of that Court.