I have a final order that I want to change, but it’s not from Nova Scotia. What do I do?

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You probably have to register your order with the court in Nova Scotia before you can apply to change it in Nova Scotia. In order to seek a variation, your order must have terms about issues like parenting or support. You cannot vary an order that only states that you are divorced, with no other terms in it.

If the order you want to vary is an order made as part of a divorce in Canada, the registration process is quite simple (and you can use this guide to help you). Generally, you will need to provide a letter to the court asking that the order be registered under section 20(3) of the Divorce Act. You must also provide 3 certified copies of the order. This means 3 copies from the court that issued the order with their official stamp and signature on each copy. A plain photocopy is not a certified copy of the order, and will not be accepted for this process. If you don’t have this many certified copies of your order, you must contact the court that issued your order and ask them to send you copies. There may be a fee for this.

If you have an order from somewhere other than Nova Scotia that was not issued under the Divorce Act, please contact a lawyer or the court nearest you for guidance. Make sure you have a copy of the order to show the lawyer or court officer so that they can help you determine what you have to do.

Figuring out the correct place to file your variation application can be confusing, and it’s best to get the right information from the start. If you don’t take the time to get this information, you may end up filing your application in the wrong court. This will be a waste of your time, effort and money.