An exception where both Divorce Act ISO and NS ISO may be available

In two limited circumstances, both the Divorce Act ISO and NS ISO processes are generally available.

1. Where you and the other person were divorced in Canada but no corollary relief order issued as part of your divorce and there is no claim for corollary relief that is outstanding under your divorce (e.g. you never applied for support as part of your divorce or afterwards under the Divorce Act).

A ‘corollary relief order’ is an order issued as part of a divorce (under the Divorce Act), that deals with all of the issues dealt with as part of the divorce, such as parenting arrangements, support, and division of property and debts. Some places may call this type of order by another name.

When parties do not have a corollary relief order, this means that the spouses were divorced without getting an order as part of the divorce that dealt with issues other than divorce.

2. Where you were divorced in Canada without a corollary relief order (or undecided claims for corollary relief) but you do have an order for support made under provincial law.

If these situations apply to you, or you are unsure if you have a corollary relief order or undecided claims for corollary relied, you can call the courthouse that issued your order. Speaking with a lawyer is also strongly recommended. Lawyers can help you make an informed decision about which process to choose.

The NS ISO Guide can be found here.

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