This report addresses the joinder of divorce proceedings with other causes of action between husband and wife. Section 2(g) of the Divorce Act, 1968, provides that “‘petition’ for divorce means a petition or motion for a decree of divorce, either with or without corollary relief by way of an order under section 10 or 11”. It can be argued that this definition effectively precludes any collateral issues being introduced in the petition for divorce and accordingly there can be no fusion of a petition for divorce with a statement of claim involving some other matrimonial dispute.

There is no valid reason why the proceeding launched by statement of claim and the divorce proceedings launched by petition cannot proceed together even if not formally consolidated. It is clearly desirable that all issues between spouses be determined at one time and it seems wrong to deny the judge in divorce proceedings the power to determine issues that may be critical to his own decision regarding the proper remedies in the divorce action. The economic and psychological burden of separate proceedings is difficult to justify. If there is a sound reason for severing the proceedings, the court can in the individual case make that determination.

It is recommended that our divorce Rules should be amended to restrict non-joinder to non-joinder of pleadings in the petition so that Rule 563(3) would read that no cause of action except for corollary relief under sections 10 and 11 of the Divorce Act shall be joinder in a divorce petition but nothing herein contained shall otherwise restrict the court’s powers under Rule 229.