SOME COMMENTS ON THE CONFLICT OF LAWS PROVISIONS OF THE DIVORCE ACT, 1968

Authors

  • D MENDESDA COSTA

Keywords:

Conflict of Laws, Divorce

Abstract

In this article the author examines provisions of the Divorce Act, 1968 relating to the conflict of laws. The author focuses initially on the section of the Act dealing with the domicile of the petitioner. In doing so, he examines the possibility of a Canadian domicile in relation to the Canadian Citizenship Act and the Canadian Immigration Act. He also examines the possibility of two operative domiciles, and discusses special factors in determining the domicile of a wife or husband. The author then discusses the absence of any choice of law provision in the Divorce Act, and discusses the effect of foreign factors in the exercise of divorce jurisdiction. Through an examination of several cases, the author then discusses the common law rules of divorce recognition, and concludes by addressing whether or not the English case of Indyka v. Indyka should be accepted into Canadian law.

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Published

1968-05-01

Issue

Section

Legal Commentary