New Brunswick divorces are filed in the Court of King's Bench, Family Division under the federal Divorce Act, R.S.C. 1985, c. 3 and the provincial Family Law Act, SNB 2020, c. 23. The total filing fee is $110, at least one spouse must have resided in New Brunswick for 1 year, and an uncontested divorce typically concludes within 4 to 6 weeks after the clearance certificate is filed. This divorce checklist for New Brunswick walks you through every document, decision, and deadline you need to prepare before filing.
| Key Fact | Detail |
|---|---|
| Filing Fee | $110 ($100 petition + $10 clearance certificate). As of March 2026. Verify with your local clerk. |
| Waiting Period | 31 days after judgment (waivable by signing Form 72L Agreement Not to Appeal) |
| Residency Requirement | At least 1 spouse must reside in New Brunswick for 1 year before filing |
| Grounds for Divorce | Marriage breakdown: 1-year separation, adultery, or physical/mental cruelty |
| Property Division | Equal division under the Marital Property Act, RSNB 2012, c. 107 |
| Court | Court of King's Bench, Family Division |
| Governing Laws | Divorce Act (federal), Family Law Act (provincial), Marital Property Act (provincial) |
What Are the Residency Requirements to File for Divorce in New Brunswick?
At least one spouse must have ordinarily resided in New Brunswick for a minimum of 1 year immediately before filing the Petition for Divorce, as required by section 3(1) of the Divorce Act, R.S.C. 1985, c. 3, s. 3(1). There is no requirement that both spouses live in the province. The petition is filed in the judicial district where either spouse resides.
Ordinary residence means the place where a person regularly, normally, or customarily lives. A temporary absence from New Brunswick, such as travel or a work assignment, does not interrupt the 1-year period so long as the person intends to return. Military personnel stationed in New Brunswick for more than 1 year also satisfy this requirement.
If neither spouse has lived in New Brunswick for a full year, the court lacks jurisdiction and the petition will be dismissed. In that situation, you must either wait until the 1-year mark or file in the province where one spouse does meet the residency threshold. Choosing the wrong jurisdiction is one of the most common filing errors and can delay divorce proceedings by several months.
What Documents Do You Need for a New Brunswick Divorce?
Filing a divorce in New Brunswick requires a Petition for Divorce (Form 72A), a marriage certificate, a $110 filing fee, and a Clearance Certificate from the Central Divorce Registry in Ottawa. Additional forms are required when the petition involves claims for support, parenting arrangements, or property division under Rules of Court, Rule 72.
Here is the complete document checklist for a New Brunswick divorce:
Core Filing Documents
- Petition for Divorce (Form 72A) — the initiating document that sets out your grounds, claims, and information about children of the marriage
- Original or certified copy of your marriage certificate (or registration of marriage)
- Filing fee of $100 payable to the Registrar of the Court of King's Bench
- Clearance Certificate fee of $10 payable to the Central Divorce Registry in Ottawa
- Affidavit of Service (Form 72G) after the respondent has been served
Conditional Documents (If Applicable)
- Financial Statement (Form 72J) — required when claiming spousal support, child support deviating from the Federal Child Support Guidelines table amount, or division of marital property under Marital Property Act, RSNB 2012, c. 107
- Statement of Property (Form 72J.1) — filed alongside Form 72J when marital property division is at issue
- Parenting Arrangement Affidavit — required when children are involved, detailing proposed parenting time and decision-making responsibility
- Child Support Guidelines Worksheet — calculating the table amount based on the Federal Child Support Guidelines
- Net Family Income Statement — documenting income for support calculations
Uncontested Divorce Additional Forms
- Affidavit in Support of Uncontested Divorce (Form 72I) — filed when the respondent does not contest
- Draft Divorce Judgment (Form 72K) — submitted for the judge to sign
- Agreement Not to Appeal (Form 72L) — optional, signed by both parties to waive the 31-day appeal period
- Certificate of Divorce request (Form 72O) — filed after judgment becomes effective, with a $7 fee
Recipients of social assistance under the Family Income Security Act or those represented by domestic Legal Aid are exempt from paying filing fees under Rules of Court, Rule 72.24(2).
What Are the Grounds for Divorce in New Brunswick?
New Brunswick recognizes only one legal ground for divorce: breakdown of the marriage under section 8 of the Divorce Act, R.S.C. 1985, c. 3, s. 8. Marriage breakdown can be established through 3 pathways: 1-year separation, adultery, or physical or mental cruelty. Approximately 97% of New Brunswick divorces proceed on the 1-year separation ground.
| Ground | Requirement | Waiting Period | Frequency |
|---|---|---|---|
| Separation | Spouses lived separate and apart for at least 1 year | 1 year before judgment | ~97% of NB divorces |
| Adultery | One spouse committed adultery (corroboration not required) | None — can file immediately | ~2% |
| Cruelty | Physical or mental cruelty making continued cohabitation intolerable | None — can file immediately | ~1% |
Under the separation ground, spouses may live in the same residence and still qualify as "separate and apart" if they have ceased functioning as a married couple. The 1-year separation period can begin before the petition is filed, and the petition itself can be filed after the separation begins but before the full year elapses. The court will not grant the divorce judgment, however, until the 1-year period has elapsed entirely.
For adultery-based petitions, the petitioning spouse cannot rely on their own adultery. The respondent must have committed adultery, and the petitioner must not have condoned (forgiven) it. For cruelty, the court requires evidence that continued cohabitation is intolerable, not merely that the spouses argue frequently.
How Does Property Division Work in a New Brunswick Divorce?
New Brunswick follows an equal division model for marital property under the Marital Property Act, RSNB 2012, c. 107. Each spouse is presumptively entitled to a 50/50 share of all marital assets acquired during the marriage. The family home receives special protection regardless of title, and the court may order unequal division only when equal sharing would be inequitable.
Marital property includes all assets acquired by either spouse during the marriage, the matrimonial home regardless of when it was acquired or whose name is on the title, and debts incurred during the marriage. The matrimonial home receives the strongest protection under New Brunswick law: even if one spouse owned the home before the marriage, it becomes marital property subject to equal division.
Non-marital property is generally excluded from division and includes assets owned before the marriage (other than the matrimonial home), gifts or inheritances received by one spouse during the marriage (kept separate), and personal injury awards.
The court may depart from equal division under section 7 of the Marital Property Act if equal sharing would be inequitable, considering factors such as the duration of the marriage, a domestic contract or marriage agreement, and unconscionable circumstances. Common-law couples do not have the same automatic right to equal property division under the Marital Property Act.
Before filing, compile a complete inventory of assets and debts:
- Real estate (including the matrimonial home, investment properties, and cottages)
- Bank accounts, GICs, and savings in both names
- RRSPs, TFSAs, RRIFs, and defined-benefit or defined-contribution pension plans
- Vehicles, boats, and recreational vehicles
- Business interests and professional practices
- Household contents and furnishings
- Outstanding debts including mortgages, lines of credit, credit cards, and student loans
How Are Parenting Arrangements Decided in New Brunswick?
Parenting arrangements in New Brunswick are governed by the best interests of the child standard under both the federal Divorce Act, R.S.C. 1985, c. 3, s. 16.1 (as amended in 2021) and the provincial Family Law Act, SNB 2020, c. 23. Courts allocate parenting time and decision-making responsibility based on 14 statutory factors, with no presumption favoring either parent or any particular arrangement.
Since March 1, 2021, New Brunswick law no longer uses the terms "custody" or "access." A parenting order now addresses 3 components: parenting time (when each parent has the child), decision-making responsibility (who makes major decisions about health, education, religion, and extracurricular activities), and contact (time with non-parents such as grandparents).
The 14 best-interest factors under section 16(3) of the Divorce Act include the child's needs, the nature of the child's relationship with each parent, each parent's willingness to support the child's relationship with the other parent, the child's views and preferences (given their age and maturity), any history of family violence, and the child's cultural and linguistic heritage.
For your divorce checklist for New Brunswick, document the following parenting details before filing:
- Current living arrangements and daily routines for each child
- Each parent's work schedule and availability
- School enrollment, extracurricular activities, and healthcare providers
- Proposed parenting time schedule (weekly, biweekly, holiday, and summer schedules)
- Proposed allocation of decision-making responsibility (sole, shared, or divided by category)
- Any concerns about family violence, substance abuse, or relocation plans
When parents share parenting time roughly equally (at least 40% each), child support is calculated using both parents' incomes under the shared parenting provisions of the Federal Child Support Guidelines, SOR/97-175, s. 9.
How Is Child Support Calculated in New Brunswick?
Child support in New Brunswick follows the Federal Child Support Guidelines table amounts based on the paying parent's gross annual income and the number of children. For a parent earning $60,000 annually with 2 children in New Brunswick, the base table amount is approximately $892 per month. Additional section 7 expenses (childcare, medical, extracurricular) are shared proportionally to each parent's income.
The Federal Child Support Guidelines, SOR/97-175 establish the framework applied in both Divorce Act and provincial Family Law Act proceedings. The table amount is a mandatory starting point. Courts may deviate only in specific circumstances outlined in sections 3 through 10 of the Guidelines.
| Scenario | Calculation Method |
|---|---|
| Primary parenting (one parent has child 60%+ of time) | Table amount based on paying parent's income |
| Shared parenting (each parent has child 40%+ of time) | Both incomes considered; offset approach under s. 9 |
| Split parenting (each parent is primary for at least 1 child) | Each parent pays table amount for children with the other; difference paid |
| Undue hardship | Court may increase or decrease if standard of living comparison warrants |
| Child over 18 | Support continues if child is in full-time education or has disability |
Before filing, gather 3 years of income tax returns (Notices of Assessment from the CRA), current pay stubs, and documentation of any section 7 extraordinary expenses such as daycare costs ($800-$1,200/month average in New Brunswick), orthodontic treatment, or competitive sports fees.
What Are the Rules for Spousal Support in New Brunswick?
Spousal support in New Brunswick is determined under the Divorce Act, R.S.C. 1985, c. 3, ss. 15.2-15.3 for divorcing spouses and the Family Law Act, SNB 2020, c. 23 for separating married or common-law couples. The Spousal Support Advisory Guidelines (SSAG) provide ranges for both amount and duration. For a 15-year marriage with a $40,000 income gap, the SSAG suggests support of 7.5 to 15 years at 22.5% to 30% of the income difference.
New Brunswick courts consider 4 objectives when awarding spousal support: recognizing economic advantages or disadvantages from the marriage, apportioning financial consequences of child-rearing, relieving economic hardship from the marriage breakdown, and promoting economic self-sufficiency within a reasonable time.
The SSAG provides 2 primary formulas:
- Without-child formula: 1.5% to 2% of the gross income difference, multiplied by years of marriage, for a duration of 0.5 to 1 year per year of marriage
- With-child formula: Based on a more complex calculation incorporating both incomes and child support amounts
Support becomes indefinite (no fixed end date) when the relationship lasted 20 or more years, or when the recipient's age at separation plus years of marriage equals 65 or more (the "rule of 65"). For a 50-year-old spouse separating after a 16-year marriage (50 + 16 = 66), support duration would be indefinite under the SSAG.
Common-law partners in New Brunswick may also claim spousal support under the Family Law Act if they cohabited continuously for at least 3 years, or they cohabited in a relationship of some permanence and have a child together.
What Is the Step-by-Step Divorce Process in New Brunswick?
An uncontested divorce in New Brunswick takes approximately 4 to 6 weeks from filing to judgment, plus a 31-day appeal period before the divorce becomes effective. A contested divorce involving parenting arrangements, property division, or support disputes can take 12 to 24 months depending on the complexity and court scheduling in the judicial district.
Step 1: Confirm Eligibility (Before Filing)
- Verify that at least 1 spouse has resided in New Brunswick for 1 year under Divorce Act, s. 3(1)
- Confirm your ground for divorce (most use 1-year separation)
- Determine whether your divorce will be contested or uncontested
Step 2: Prepare and File the Petition
- Complete Form 72A (Petition for Divorce)
- Attach your original or certified marriage certificate
- Pay the $110 filing fee ($100 petition + $10 clearance certificate)
- File with the Registrar of the Court of King's Bench, Family Division in your judicial district
Step 3: Serve the Respondent
- Serve the petition on your spouse personally or through an alternative method approved by the court
- The respondent has 20 days to file an Answer (Form 72D) if served in New Brunswick, 30 days if served elsewhere in Canada or the United States, or 60 days if served outside North America
- File the Affidavit of Service (Form 72G) with the court
Step 4: Obtain the Clearance Certificate
- The Registrar sends your filing information to the Central Divorce Registry in Ottawa
- The Registry confirms no other divorce proceeding exists between the parties
- Processing takes approximately 6 to 8 weeks
Step 5: File for Judgment
- For uncontested divorces: file the Affidavit in Support (Form 72I) and Draft Judgment (Form 72K)
- The matter proceeds on written record without a hearing under Rules of Court, Rule 72.16
- For contested divorces: attend case conferences, mediation or family dispute resolution, and potentially a trial
Step 6: Receive the Divorce Judgment
- The judge reviews the file and signs the Divorce Judgment
- The judgment becomes effective on the 31st day after it is granted under Divorce Act, s. 12
- Both parties may sign Form 72L (Agreement Not to Appeal) to make the divorce effective immediately
Step 7: Obtain the Certificate of Divorce
- Apply to the Registrar for a Certificate of Divorce (Form 72O)
- Pay the $7 certificate fee
- The certificate is your official proof the marriage has been dissolved and is required to remarry
What Financial Steps Should You Take Before Filing for Divorce in New Brunswick?
New Brunswick spouses should complete 7 critical financial steps before filing: obtain a credit report, inventory all marital assets, document 3 years of income, value the matrimonial home, calculate net family property, open an individual bank account, and establish a post-separation budget. These steps protect your rights under the Marital Property Act, RSNB 2012, c. 107 and ensure accurate Financial Statement (Form 72J) completion.
Financial Preparation Checklist
- Pull your credit report from Equifax or TransUnion Canada — this reveals all debts in your name or jointly held, including credit cards, lines of credit, and loans you may not be aware of
- Gather 3 years of income tax returns and Notices of Assessment from the CRA for both spouses (needed for support calculations)
- Obtain current statements for all bank accounts, investment accounts, RRSPs, TFSAs, RRIFs, and pension plan statements
- Get a current market appraisal of the matrimonial home and any other real property
- Document the value of vehicles, boats, and other significant personal property
- List all debts with current balances: mortgage, car loans, student loans, credit cards, and lines of credit
- Compile records of any pre-marital assets, gifts, or inheritances you wish to claim as non-marital property
- Calculate monthly living expenses for your post-separation budget (average monthly rent for a 2-bedroom apartment in Moncton is approximately $1,400-$1,700; in Fredericton, $1,300-$1,600; in Saint John, $1,200-$1,500)
- Open an individual bank account if you only have joint accounts
- Review and update beneficiary designations on life insurance, RRSPs, TFSAs, and pension plans
How Much Does a Divorce Cost in New Brunswick?
The minimum cost of an uncontested divorce in New Brunswick is $117 in court fees ($100 petition fee + $10 clearance certificate + $7 certificate of divorce). Legal fees for an uncontested divorce handled by a lawyer typically range from $1,500 to $3,000. A contested divorce with parenting arrangements, property division, and support disputes can cost $15,000 to $50,000 or more per spouse in legal fees.
| Cost Component | Uncontested | Contested |
|---|---|---|
| Court filing fee (petition) | $100 | $100 |
| Clearance certificate | $10 | $10 |
| Certificate of divorce | $7 | $7 |
| Lawyer fees | $1,500-$3,000 | $15,000-$50,000+ |
| Mediator fees | N/A | $1,500-$5,000 |
| Property appraisal | $300-$500 | $300-$500 |
| Business valuation | N/A | $5,000-$15,000 |
| Actuarial pension valuation | N/A | $1,500-$3,000 |
| Financial Statement preparation | Included in legal fees | Included in legal fees |
| Total estimated range | $1,917-$3,617 | $23,417-$73,617+ |
As of March 2026. Verify with your local clerk.
New Brunswick Legal Aid covers family law matters for eligible applicants. Financial eligibility is determined by a grid based on gross income and household size. Applicants who qualify may be required to contribute $150 or $250 toward their legal costs. Contact the New Brunswick Legal Aid Services Commission at 1-506-451-1420 for current eligibility thresholds.
What Role Does Mediation and Family Dispute Resolution Play in New Brunswick Divorce?
New Brunswick courts may order both parties to attend a family dispute resolution process under section 8(1) of the Family Law Act, SNB 2020, c. 23, s. 8(1) before proceeding to trial on contested parenting arrangement issues. Mediation is not mandatory for all divorces, but courts actively encourage it, and many judicial districts require attendance at an information session about family dispute resolution services.
The 2021 amendments to the Divorce Act also introduced a duty for parties and their lawyers to encourage the use of family dispute resolution processes to resolve family law matters, unless doing so would be inappropriate (for example, in cases involving family violence). Under Divorce Act, s. 7.3, lawyers must inform their clients about family justice services that could help resolve matters.
Mediation in New Brunswick typically costs $1,500 to $5,000 for a complete process. Private mediators charge $200 to $350 per hour. Court-connected mediation services may be available at reduced cost or no cost through the Family Division.
Benefits of mediation include faster resolution (typically 2-4 months versus 12-24 months for litigation), lower cost (often 60-80% less than a contested trial), greater control over outcomes, reduced conflict (particularly beneficial when children are involved), and confidentiality of discussions.
Frequently Asked Questions
How long does a divorce take in New Brunswick?
An uncontested divorce in New Brunswick takes approximately 4 to 6 weeks after the clearance certificate is obtained, plus a 31-day appeal period under Divorce Act, s. 12. Signing Form 72L (Agreement Not to Appeal) eliminates the 31-day wait. A contested divorce takes 12 to 24 months depending on the issues and judicial district scheduling.
Can I file for divorce in New Brunswick if my spouse lives in another province?
Yes. Only one spouse must meet the 1-year residency requirement under Divorce Act, s. 3(1). If you have lived in New Brunswick for at least 1 year, you may file regardless of where your spouse resides. The respondent must be properly served, with extended response deadlines of 30 days for service elsewhere in Canada and 60 days for international service.
Do I need a lawyer to get a divorce in New Brunswick?
No, you are not legally required to hire a lawyer to obtain a divorce in New Brunswick. Approximately 20-30% of uncontested divorces are filed without legal representation. However, if your divorce involves parenting arrangements, spousal support, child support deviating from the Guidelines table, or significant marital property, legal counsel is strongly recommended to protect your rights under the Marital Property Act, RSNB 2012, c. 107.
What is the filing fee for divorce in New Brunswick?
The total filing fee for divorce in New Brunswick is $110: $100 for the Petition for Divorce and $10 for the Clearance Certificate from the Central Divorce Registry in Ottawa under Rules of Court, Rule 72.24. An additional $7 fee applies when requesting the Certificate of Divorce after the judgment becomes effective. As of March 2026. Verify with your local clerk.
How is the matrimonial home treated in a New Brunswick divorce?
The matrimonial home receives special protection under the Marital Property Act, RSNB 2012, c. 107. Regardless of which spouse holds title or when the home was purchased (even if before the marriage), the matrimonial home is classified as marital property subject to equal 50/50 division. Neither spouse may sell, mortgage, or encumber the matrimonial home without the other's consent while married.
Can common-law partners file for divorce in New Brunswick?
No. Divorce is only available to legally married couples. Common-law partners in New Brunswick separate without a court divorce proceeding. However, common-law partners may apply for spousal support under the Family Law Act, SNB 2020, c. 23 if they cohabited for at least 3 continuous years, or if they cohabited in a relationship of some permanence and have a child together. Common-law partners do not have automatic rights to property division under the Marital Property Act.
What happens to pensions and RRSPs in a New Brunswick divorce?
Pensions and RRSPs accumulated during the marriage are marital property subject to equal division under the Marital Property Act, RSNB 2012, c. 107. The portion of a pension or RRSP attributable to the marriage period is divided 50/50. Canada Pension Plan (CPP) credits earned during the marriage are automatically split upon divorce application under the federal Canada Pension Plan, R.S.C. 1985, c. C-8, s. 55.1. An actuarial valuation ($1,500-$3,000) is typically required for defined-benefit pension plans.
How do I serve divorce papers on my spouse in New Brunswick?
Divorce papers in New Brunswick must be personally served on the respondent, meaning a person other than the petitioner physically delivers the documents to the spouse. If personal service is impractical (the spouse is avoiding service, cannot be located, or is outside the province), the court may order substituted service under Rules of Court, Rule 16 through methods such as service by email, service on a family member, or publication in a newspaper. After service, file the Affidavit of Service (Form 72G).
What if my spouse does not respond to the divorce petition?
If the respondent does not file an Answer (Form 72D) within the required timeframe (20 days for New Brunswick service, 30 days for elsewhere in Canada/US, 60 days for international), the divorce proceeds as uncontested. The petitioner files the Affidavit in Support of Uncontested Divorce (Form 72I) and a Draft Judgment (Form 72K). The judge reviews the file on the written record under Rules of Court, Rule 72.16 and grants the judgment without a hearing.
Where do I file for divorce in New Brunswick?
Divorce petitions are filed at the Court of King's Bench, Family Division in the judicial district where either spouse resides. New Brunswick has 8 judicial districts with Family Division offices in Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. Court forms are available online at the New Brunswick Courts website (courtsnb-coursnb.ca) and at the Government of New Brunswick services portal.