What is the test for making a provisional order under s. 18 and 19 of the Divorce Act?

British Columbia, Canada


The following excerpt is from Kennelly v. Kennelly, 2013 BCSC 1663 (CanLII):

As set out by Ferrier J. in Dent v. Flynn, [2005] O.J. No. 1728 (S.C.J.) at para. 21: A court can make a provisional order under ss. 18 and 19 of the Divorce Act only if: i. the respondent resides in a different province; ii. the respondent does not accept the jurisdiction of the court where the applicant resides; iii. both parties do not consent to proceed under s. 17.1 of the Act; and iv. the presiding judge is satisfied that the matter can be adequately determined through the provisional/confirmation procedure.

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