Bill C-389
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2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-389 |
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An Act to amend the Divorce Act (marriage
counselling required before divorce
granted)
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| R.S., cc. 3, 27
(2nd Supp.);
1990, c. 18;
1992, c. 51;
1993, cc. 8,
28
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1. Subsection 9(1) of the Divorce Act is
replaced by the following:
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| Marriage
counselling
required
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9. (1) Prior to granting a divorce, the court
shall satisfy itself that the spouses in the
proceedings have been advised by a
prescribed marriage counsellor with a view to
assisting them to achieve a reconciliation.
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| Duty of legal
adviser
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(1.1) Every barrister, solicitor, lawyer or
advocate who undertakes to act on behalf of a
spouse in a divorce proceeding shall draw to
the attention of the spouse the requirements of
subsection (1) and assist the spouse in finding
a marriage counsellor.
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| Certificate of
counsellor
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(1.2) The counsellor shall certify, in the
prescribed form, that the spouses have
received counselling on their marriage and
considered the possibility of reconciliation.
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| Exception
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(1.3) Subsection (1) does not apply to a case
where the grounds for the divorce are physical
or mental cruelty as described in subparagraph
8(2)(b)(ii), or to a case where the court is
satisfied that
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| Regulations
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(1.4) The Minister of Justice may make
regulations
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| Coming into
force
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2. This Act comes into force on January
1, 1998.
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