Section 7.7 — Divorce Act: Reconciliation

Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses;

and to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation. It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; to inform the person of the family justice services known to the legal adviser that might assist the person in resolving the matters that may be the subject of an order under this Act, and in complying with any order or decision made under this Act;

and to inform the person of the parties’ duties under this Act. Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that they have complied with this section.