Divorce Act

Definition of spouse

• 21.1 (1) In this section, spouse has the meaning assigned by subsection 2(1) and includes a former spouse.

• Marginal note:Affidavit re removal of barriers to religious remarriage

  (2) In any proceedings under this Act, a spouse (in this section referred to as the “deponent”) may serve on the other spouse and file with the court an affidavit indicating

  • (a) that the other spouse is the spouse of the deponent;

  • (b) the date and place of the marriage, and the official character of the person who solemnized the marriage;

  • (c) the nature of any barriers to the remarriage of the deponent within the deponent’s religion the removal of which is within the other spouse’s control;

  • (d) where there are any barriers to the remarriage of the other spouse within the other spouse’s religion the removal of which is within the deponent’s control, that the deponent

    • (i) has removed those barriers, and the date and circumstances of that removal, or

    • (ii) has signified a willingness to remove those barriers, and the date and circumstances of that signification;

  • (e) that the deponent has, in writing, requested the other spouse to remove all of the barriers to the remarriage of the deponent within the deponent’s religion the removal of which is within the other spouse’s control;

  • (f) the date of the request described in paragraph (e); and

  • (g) that the other spouse, despite the request described in paragraph (e), has failed to remove all of the barriers referred to in that paragraph.

• Marginal note:Powers of court where barriers not removed

  (3) Where a spouse who has been served with an affidavit under subsection (2) does not

  • (a) within fifteen days after that affidavit is filed with the court or within such longer period as the court allows, serve on the deponent and file with the court an affidavit indicating that all of the barriers referred to in paragraph (2)(e) have been removed, and

  • (b) satisfy the court, in any additional manner that the court may require, that all of the barriers referred to in paragraph (2)(e) have been removed,

  the court may, subject to any terms that the court considers appropriate,

  • (c) dismiss any application filed by that spouse under this Act, and

  • (d) strike out any other pleadings and affidavits filed by that spouse under this Act.

• Marginal note:Special case

  (4) Without limiting the generality of the court’s discretion under subsection (3), the court may refuse to exercise its powers under paragraphs (3)(c) and (d) where a spouse who has been served with an affidavit under subsection (2)

  • (a) within fifteen days after that affidavit is filed with the court or within such longer period as the court allows, serves on the deponent and files with the court an affidavit indicating genuine grounds of a religious or conscientious nature for refusing to remove the barriers referred to in paragraph (2)(e); and

  • (b) satisfies the court, in any additional manner that the court may require, that the spouse has genuine grounds of a religious or conscientious nature for refusing to remove the barriers referred to in paragraph (2)(e).

• Marginal note:Affidavits

  (5) For the purposes of this section, an affidavit filed with the court by a spouse must, in order to be valid, indicate the date on which it was served on the other spouse.

• Marginal note:Where section does not apply

  (6) This section does not apply where the power to remove the barrier to religious remarriage lies with a religious body or official.