This Div is a JS Trigger

#4 - Reconciliation

STANDARD

A lawyer must comply with the obligation regarding Reconciliation imposed by Section 9 of the Divorce Act. 1


[See also: Standard 5: Dispute Resolution Options, if those options rather than or as a substitute to marriage counselling/guidance facilities in s. 9 of the Divorce Act might assist in reconciliation.]

REFERENCE MATERIALS

Notes

1. Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, s. 9 (CanLII) - duty of a legal advisor.

Duty of legal advisor

9. (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding:

         (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and;

         (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counseling or guidance  facilities known to him or her that might be able to assist the spouses to achieve a reconciliation, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

Additional commentary

Karach v. Karach, 1995 CanLII 9228 (AB QB): When Parliament passed the Divorce Act, 1985, in Section 9, it established strict duties on legal advisors. It has imposed serious obligations on lawyers to obtain information about reconciliation and mediation services, and to provide that information to their clients.

Additional Resources

Fishman, Kenneth (April 11, 2014) "The risks of reconciliation", The Lawyers' Weekly.

Downloads

Law Society of British Columbia, Practice Checklists Manual, Family Law Proceeding

Approved by Council on March 25, 2011