A cheap divorce in New Brunswick is achievable for as little as $110 in court filing fees when you handle the process yourself without a lawyer. The Court of King's Bench, Family Division charges $100 for the Petition for Divorce plus $10 for the mandatory Clearance Certificate from Ottawa, making New Brunswick one of the most affordable Canadian provinces for divorce. Under Rules of Court, Rule 72.24, New Brunswickers receiving social assistance or represented by Legal Aid pay nothing in filing fees. An uncontested divorce typically takes 4-6 months from filing to final judgment, and the "Doing Your Own Divorce in New Brunswick" handbook (now in its 13th edition) provides step-by-step instructions for self-represented litigants.
| Key Facts | Details |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 clearance certificate) |
| Waiting Period | 31 days after judgment before divorce is final |
| Residency Requirement | 1 year in New Brunswick before filing |
| Grounds for Divorce | 1-year separation (most common), adultery, or cruelty |
| Property Division | Equal division under Marital Property Act |
| Fee Waiver Available | Yes, for social assistance recipients and Legal Aid clients |
What Does a Cheap Divorce in New Brunswick Actually Cost?
A cheap divorce in New Brunswick costs between $110 and $2,300 depending on whether you file yourself or hire a lawyer for an uncontested case. The $110 court filing fee covers the Petition for Divorce ($100) and the mandatory Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa ($10). After your divorce is finalized, you can obtain a Certificate of Divorce for an additional $7 fee. These fees are set under Rules of Court, Rule 72.24 and must be paid to the Minister of Finance for the Province of New Brunswick by cheque, money order, or in person at the appropriate court.
For those who cannot afford even these minimal fees, New Brunswick offers complete fee waivers under Rule 72.24(2). You qualify for a fee waiver if you receive social assistance under the Family Income Security Act, are represented by domestic Legal Aid, or if your solicitor certifies that paying the fee would cause financial hardship. This makes New Brunswick genuinely accessible for low-income residents seeking to end their marriage.
DIY Divorce Cost Breakdown
| Expense | Cost | Notes |
|---|---|---|
| Petition for Divorce (Form 72A or 72B) | $100 | Required to initiate proceedings |
| Clearance Certificate | $10 | From Central Registry in Ottawa |
| Certificate of Divorce | $7 | Optional, needed to remarry |
| Marriage Certificate | $30-50 | If you need a replacement |
| Photocopies/Mailing | $20-50 | Service of documents |
| Total DIY Cost | $167-217 | Without legal assistance |
Lawyer-Assisted Uncontested Divorce Costs
New Brunswick family lawyers charge between $1,200 and $2,300 for uncontested divorces based on complexity. A simple uncontested divorce without parenting, support, or property issues costs approximately $1,200 as a flat fee from firms like Kelly A. Driscoll Professional Corporation in Oromocto. When the divorce includes parenting arrangements or support orders requiring a consent order, the flat fee increases to approximately $2,300. Hourly rates for New Brunswick family lawyers average $345 plus HST, making contested divorces significantly more expensive.
For contested divorces that proceed to trial, family lawyers in Atlantic Canada (including New Brunswick) charge approximately $11,750 for trials up to 2 days and $30,000 for trials up to 5 days according to Lexpert's Canadian legal fee survey. This stark cost difference underscores why an affordable divorce in New Brunswick requires reaching agreement with your spouse on all issues before filing.
How to Get a Free or Low-Cost Divorce in New Brunswick
New Brunswick provides multiple pathways to a free or low-cost divorce for residents who meet financial eligibility requirements. Legal Aid covers divorce matters when property and debt division are not involved, the Family Law Advice Lawyer Service offers up to 2 hours of free legal consultation, and Public Legal Education and Information Service of New Brunswick (PLEIS-NB) provides free self-help resources including the comprehensive "Doing Your Own Divorce" handbook.
New Brunswick Legal Aid for Divorce
Legal Aid New Brunswick covers divorce proceedings when the matter does not involve property or debt division. If you have been served with a Petition for Divorce or wish to file one, a Family Solicitor through Legal Aid may assist you if parenting arrangements, parenting time, child support, or spousal support are the only contested issues. Property and debt matters must either be severed (handled separately) or previously resolved before Legal Aid will accept your divorce case.
Financial eligibility for Legal Aid is based on your gross income and household size according to Legal Aid Regulation, Section 11. Note that the financial eligibility grid has not been updated since 2017, which the New Brunswick Auditor General has criticized as potentially excluding eligible low-income applicants. Depending on your income bracket and household size, you may be required to contribute $150 or $250 toward your legal costs even if otherwise eligible.
To apply for Legal Aid, contact your nearest Legal Aid office:
- Moncton Region: 506-856-3131
- Saint John Region: 506-658-6361
- Outside these regions: 1-855-266-0266
Free Legal Resources in New Brunswick
| Resource | Contact | Services |
|---|---|---|
| Family Law Advice Lawyer Service | Moncton: 506-856-3131, Saint John: 506-658-6361, Toll-free: 1-855-266-0266 | Up to 2 hours free legal consultation |
| PLEIS-NB Family Law Information Line | 1-888-236-2444 | General info on parenting orders, support, divorce |
| Doing Your Own Divorce Handbook | Free online or $10 print | Step-by-step DIY divorce guide (13th edition) |
| FamilyLawNB.ca | www.familylawnb.ca | Annotated fillable court forms |
| Court of King's Bench Family Division | 8 locations province-wide | In-person assistance, forms |
New Brunswick Residency Requirements for Divorce
At least one spouse must have ordinarily resided in New Brunswick for at least one year immediately before filing the Petition for Divorce under Section 3(1) of the Divorce Act, RSC 1985, c 3. Canadian citizenship is not required; you may apply for divorce in New Brunswick if you were legally married in Canada or any other country, provided you meet the residency requirement. The court's venue depends on where the filing spouse resides, so you must file in the judicial district covering your place of residence.
Proving residency is straightforward: a New Brunswick driver's license, provincial ID card, or other government-issued document showing your address satisfies the requirement. If you lack documentation, you may call a witness such as a neighbor or employer to testify that you have lived in New Brunswick for at least one year.
Grounds for Divorce in New Brunswick
New Brunswick courts grant divorces under the federal Divorce Act, RSC 1985, c 3, Section 8, which recognizes three grounds: one-year separation, adultery, or physical or mental cruelty. The one-year separation ground accounts for over 95% of Canadian divorces because it requires no fault-finding and allows couples to begin living separate and apart without waiting for court approval.
Under the separation ground, you and your spouse must have lived separate and apart for at least one year. Importantly, the one-year period can include time after filing the Petition for Divorce, meaning you can file once separation begins and simply wait for the year to complete before the court grants the divorce. Couples can even live "separate and apart" under the same roof if they maintain separate households, sleep separately, do not share meals regularly, and present themselves to others as separated.
Adultery and cruelty are "fault" grounds that eliminate the one-year waiting period but require evidence. Adultery must be proven through the cheating spouse's admission or corroborating evidence; a petitioner cannot use their own adultery as grounds. Physical or mental cruelty must be serious enough that continued cohabitation is intolerable. Most New Brunswick couples pursuing a cheap divorce choose the no-fault separation ground because it avoids the legal costs of proving fault.
The Uncontested Divorce Process in New Brunswick
An uncontested divorce in New Brunswick follows a streamlined written process that typically takes 4-6 months from filing to final judgment when spouses agree on all issues. The Court of King's Bench, Family Division handles all divorces in 8 judicial districts across the province. Unlike contested divorces requiring court appearances, uncontested divorces proceed entirely on paper without hearings.
Step-by-Step Uncontested Divorce Process
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Confirm Eligibility: At least one spouse has lived in New Brunswick for one year; you meet one of the three grounds for divorce; you and your spouse agree on parenting arrangements, support, and property division.
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Prepare Documents: Complete the Petition for Divorce (Form 72A for single petitioner or Form 72B for joint petition). If children are involved, complete the Financial Statement (Form 72J).
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File with the Court: Submit your petition and $100 filing fee to the Court of King's Bench, Family Division in your judicial district.
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Serve Your Spouse: If filing solo (Form 72A), arrange personal service of the petition on your spouse. Joint petitioners (Form 72B) skip this step.
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Wait for Response Period: Your spouse has time to respond (typically 20-30 days depending on service location).
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Obtain Clearance Certificate: Submit a request plus $10 fee to the Central Registry of Divorce Proceedings in Ottawa. Processing typically takes 2-3 months.
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File Request for Divorce: Once you have the Clearance Certificate, file the Request for Divorce (Form 72K) along with your original marriage certificate and required affidavits.
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Receive Judgment: The Registrar reviews your file and, if everything is in order, issues the Divorce Judgment. Processing typically takes 4-6 weeks after filing the Request for Divorce.
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31-Day Appeal Period: Under Section 12(1) of the Divorce Act, your divorce takes effect on the 31st day after the judgment is rendered.
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Obtain Certificate of Divorce: Pay $7 to receive the official Certificate of Divorce (Form 72O), which proves your marriage is legally dissolved.
Waiving the 31-Day Appeal Period
If you need your divorce finalized immediately, both spouses can sign an Agreement Not to Appeal (Form 72L) and file it with the court. Under Section 12(2) of the Divorce Act, when the court finds special circumstances exist and both spouses undertake not to appeal, the divorce can take effect immediately rather than after 31 days. This is useful when one spouse needs to remarry quickly for immigration, health insurance, or other urgent reasons.
Property Division in New Brunswick Divorce
New Brunswick follows the equal division principle for marital property under the Marital Property Act, RSNB 2012, c 107, Section 2. Each spouse is entitled to an equal (50/50) share of marital property and equally responsible for marital debts when the marriage ends through separation, divorce, or death. This recognition that child care, household management, and financial provision are joint responsibilities entitles each spouse to half regardless of who earned more income or whose name is on the title.
Marital property includes real estate (family home, vacation properties, investment properties), personal property (vehicles, furniture, jewelry, art), financial accounts (bank accounts, retirement accounts, investment portfolios), and business interests (with important exceptions). The family home receives special protection under New Brunswick law regardless of which spouse holds title.
Excluded Property
Business assets owned by one spouse and used principally in that spouse's business are excluded from division under the Marital Property Act. However, Section 8 provides three exceptions where business assets may be divided: (1) one spouse has unreasonably impoverished the marital property; (2) equal division of marital property would be inequitable in all circumstances; or (3) one spouse assumed the majority of child care or household management, enabling the other spouse to grow the business.
Unequal Division
Despite the general 50/50 rule, courts may order unequal division when equal shares would be inequitable. Factors include: duration of the marriage (shorter marriages may see less equal division), each spouse's future financial prospects and needs, contributions to the marriage including homemaking and child care, and any agreement between the spouses.
For a cheap divorce in New Brunswick, reaching agreement on property division outside of court is essential. Contested property disputes require litigation that can cost $11,750-$30,000 in legal fees for trial alone, eliminating any possibility of an affordable divorce.
Parenting Arrangements and Child Support
Since the 2021 amendments to the Divorce Act, RSC 1985, c 3, Canadian courts use child-focused terminology: "parenting arrangements" (formerly custody), "parenting time" (formerly access), and "decision-making responsibility" (formerly legal custody). New Brunswick courts determine all parenting matters based solely on the best interests of the child under Section 16.1 of the Divorce Act.
Parenting time refers to when a child is in the care of each parent. During their parenting time, each parent has authority to make day-to-day decisions affecting the child. Decision-making responsibility covers major decisions about the child's health, education, culture, language, religion, and significant extracurricular activities. This responsibility may be shared between parents or allocated to one parent depending on what serves the child's best interests.
Best Interests Factors
Under Section 16(3) of the Divorce Act, courts consider: the child's physical, emotional, and psychological needs; the child's relationships with parents and other important people; each parent's ability to meet the child's needs; the child's views and preferences (given due weight according to age and maturity); any history of family violence; and the willingness of each parent to support the child's relationship with the other parent.
Child Support in New Brunswick
Child support in New Brunswick follows the Federal Child Support Guidelines, which establish table amounts based on the paying parent's gross annual income and number of children. For example, a parent with $50,000 annual income paying support for one child owes approximately $461 monthly under the Guidelines. For two children, the amount increases to approximately $742 monthly.
When both parents have parenting time at least 40% of the time, child support is calculated using the "set-off" approach: each parent's table amount is determined, and the parent with higher income pays the difference. This shared parenting arrangement affects but does not eliminate child support obligations.
Spousal Support Considerations
Spousal support (not automatically awarded) depends on factors including: length of the marriage, roles during the marriage, income disparity between spouses, and economic advantages or disadvantages arising from the marriage. The Spousal Support Advisory Guidelines provide formulas for calculating amount and duration, though they are not binding law.
Where to File for Divorce in New Brunswick
New Brunswick has 8 judicial districts for the Court of King's Bench, Family Division. You must file in the district where you reside.
| Judicial District | Counties Covered | Contact |
|---|---|---|
| Moncton | Albert, Westmorland, Kent | 506-856-2304 |
| Saint John | Charlotte, Kings, Saint John | 506-658-2400 |
| Fredericton | York, Sunbury, Queens | 506-453-2015 |
| Bathurst | Gloucester | Court office |
| Campbellton | Restigouche | Court office |
| Edmundston | Madawaska, Victoria | Court office |
| Miramichi | Northumberland | Court office |
| Woodstock | Carleton | Court office |
Payment for filing fees must accompany all documents and can be made in person at the court. Cheques and money orders must be made payable to the Minister of Finance for the Province of New Brunswick.
Using Mediation for an Affordable Divorce
Family mediation offers a cost-effective alternative to litigation for New Brunswick couples who disagree on specific issues. The 2021 Divorce Act amendments now require parents to consider family dispute resolution processes (mediation, collaborative law, arbitration) before proceeding to court under Section 7.3. This duty applies except in cases involving family violence or other circumstances making mediation inappropriate.
New Brunswick has offered free mediation services for families experiencing separation and divorce through government-supported programs. Private mediators typically charge $150-$300 per hour, with most cases requiring 3-6 sessions (totaling $900-$1,800). While this adds cost to your divorce, mediation remains far cheaper than litigation, which can cost $11,750-$30,000 for a 2-5 day trial.
When selecting a mediator, look for accreditation with Family Mediation Canada, the Law Society of New Brunswick, or the New Brunswick Association of Social Workers. The Canadian Academy of Distinguished Neutrals maintains a database of experienced civil mediators available free to the public.
Timeline for a New Brunswick Divorce
An uncontested divorce in New Brunswick takes approximately 4-6 months from filing to final judgment. The major bottleneck is obtaining the Clearance Certificate from Ottawa, which typically takes 2-3 months. After filing the Request for Divorce with all supporting documents, expect 4-6 weeks for the Registrar to issue the Divorce Judgment. Add the mandatory 31-day appeal period before your divorce is legally effective.
| Stage | Timeline |
|---|---|
| Prepare and file Petition | 1-2 weeks |
| Serve spouse and wait for response | 20-30 days |
| Obtain Clearance Certificate from Ottawa | 2-3 months |
| File Request for Divorce and receive Judgment | 4-6 weeks |
| 31-day appeal period | 31 days |
| Total (uncontested) | 4-6 months |
Contested divorces involving trial can take 2-5 years and cost $30,000 or more per spouse. The CBC reported in 2022 that New Brunswick family court had 60 cases on "standby" due to prioritization of child protection matters, illustrating how contested proceedings face significant delays.
Common Mistakes That Make Divorce More Expensive
Avoiding these errors can save thousands of dollars in your New Brunswick divorce:
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Filing before agreement: Filing a contested divorce when issues remain unresolved triggers expensive litigation. Reach agreement first, then file an uncontested petition.
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Incomplete forms: Improperly completed forms cause delays and may require re-filing. Use the annotated forms on FamilyLawNB.ca or the "Doing Your Own Divorce" handbook.
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Missing the Clearance Certificate: You cannot finalize your divorce without this document from Ottawa. Request it early in the process to avoid delays.
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Not serving properly: Improper service of the Petition on your spouse can invalidate proceedings. Follow the Rules of Court precisely.
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Ignoring Legal Aid eligibility: If you qualify for Legal Aid, you receive free legal representation and a fee waiver. Check eligibility before paying out of pocket.
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Litigating small disputes: Fighting over minor property items costs more in legal fees than the items are worth. Focus on significant assets only.
Frequently Asked Questions
How much does an uncontested divorce cost in New Brunswick?
An uncontested divorce in New Brunswick costs $110 in court filing fees ($100 for the Petition plus $10 for the Clearance Certificate) when you represent yourself. Add $7 for the Certificate of Divorce after finalization. If you hire a lawyer, expect to pay $1,200-$2,300 for a straightforward uncontested case depending on whether parenting or support orders are required.
Can I get a free divorce in New Brunswick if I cannot afford the filing fees?
Yes, New Brunswick waives all filing fees under Rule 72.24(2) for residents receiving social assistance under the Family Income Security Act, those represented by Legal Aid, or when a solicitor certifies that paying the fee would cause financial hardship. Contact your local Legal Aid office to determine eligibility.
How long does an uncontested divorce take in New Brunswick?
An uncontested divorce in New Brunswick typically takes 4-6 months from filing to finalization. The Clearance Certificate from Ottawa requires 2-3 months, the Request for Divorce processing takes 4-6 weeks, and the mandatory 31-day appeal period follows the judgment. Contested divorces can take 2-5 years.
Do I need a lawyer for divorce in New Brunswick?
No, you do not need a lawyer for an uncontested divorce in New Brunswick. The "Doing Your Own Divorce in New Brunswick" handbook (13th edition) provides step-by-step instructions for self-represented litigants. The Family Law Advice Lawyer Service offers up to 2 hours of free consultation if you have questions. However, complex cases involving property disputes, contested parenting arrangements, or high-value assets benefit from legal representation.
What is the residency requirement for divorce in New Brunswick?
At least one spouse must have ordinarily resided in New Brunswick for at least one year immediately before filing the Petition for Divorce under Section 3(1) of the Divorce Act. Canadian citizenship is not required; legal marriages from any country qualify. You can prove residency with a driver's license, provincial ID, or witness testimony.
Can I get divorced in New Brunswick if my spouse does not agree?
Yes, you can obtain a divorce even if your spouse disagrees. You file a solo Petition for Divorce (Form 72A), serve your spouse, and proceed through the court process. However, contested divorces cost significantly more ($11,750-$30,000 or higher for trial) and take 2-5 years. Consider mediation to reach agreement and keep costs down.
How is property divided in a New Brunswick divorce?
New Brunswick follows equal (50/50) division of marital property under the Marital Property Act. Marital property includes real estate, vehicles, financial accounts, and most assets acquired during the marriage. Business assets used principally in one spouse's business are generally excluded but may be divided in certain circumstances under Section 8 of the Act.
What happens to parenting arrangements during divorce?
Under the 2021 Divorce Act amendments, courts determine parenting time and decision-making responsibility based solely on the child's best interests. Courts consider each parent's relationship with the child, ability to meet the child's needs, any family violence, and the child's own preferences (weighted by age and maturity). Parents can agree on parenting arrangements, or the court will decide if they cannot agree.
When does my divorce become final in New Brunswick?
Your divorce becomes final on the 31st day after the Divorce Judgment is rendered under Section 12(1) of the Divorce Act. Until then, you cannot legally remarry. Both spouses can waive this appeal period by signing an Agreement Not to Appeal (Form 72L), making the divorce effective immediately in special circumstances.
Where can I get free divorce help in New Brunswick?
Free divorce resources in New Brunswick include: PLEIS-NB's Family Law Information Line (1-888-236-2444), the Family Law Advice Lawyer Service offering up to 2 hours free consultation (Moncton: 506-856-3131, Saint John: 506-658-6361), the free online "Doing Your Own Divorce" handbook, annotated court forms at FamilyLawNB.ca, and Legal Aid for those meeting income eligibility requirements.