A divorce in New Brunswick costs between $127 and $25,000 or more, depending on whether the case is uncontested or contested. The court filing fee is $127 (including the $110 petition filing fee, $10 clearance certificate, and $7 certificate of divorce). An uncontested divorce handled by a lawyer typically costs $1,200 to $2,500 in legal fees, while contested divorces involving trials can exceed $20,000 in attorney fees alone. How much does divorce cost New Brunswick residents overall depends primarily on whether both spouses agree on all issues before filing.
Key Facts: New Brunswick Divorce Costs at a Glance
| Item | Cost/Requirement |
|---|---|
| Court Filing Fee | $110 (petition) + $10 (clearance) + $7 (certificate) = $127 total |
| Residency Requirement | 1 year for either spouse |
| Waiting Period | 1 year separation before divorce can be granted |
| Uncontested Divorce (lawyer) | $1,200 - $2,500 |
| Contested Divorce | $11,000 - $25,000+ |
| Online Document Prep Services | $139 - $179 |
| Grounds | Breakdown of marriage (Divorce Act, R.S.C. 1985, c. 3, s. 8) |
| Property Division | Equal division under Marital Property Act, RSNB 2012, c. 107 |
Understanding New Brunswick Divorce Filing Fees
The New Brunswick Court of King's Bench charges $110 to file a Petition for Divorce under Rule 78 of the Rules of Court, payable to the Minister of Finance for the Province of New Brunswick. An additional $10 clearance certificate fee and $7 certificate of divorce fee bring the total court costs to $127 for a standard uncontested case. These fees apply whether you file a sole petition or a joint petition with your spouse, and payment must accompany all documents submitted to the court.
Fee waivers exist for New Brunswick residents who cannot afford filing costs. Under Rules 72.24(2) and 72.24(2.1), fees may be waived when a solicitor certifies that legal services will not be paid and the fee would impose financial hardship, or when the party receives assistance under the Family Income Services Act. Even with a waiver, the $10 clearance certificate and $7 certificate of divorce fees remain mandatory.
Uncontested Divorce Costs in New Brunswick
An uncontested divorce in New Brunswick costs between $1,200 and $2,500 when handled by a family lawyer, making it the most affordable path to ending a marriage where both spouses agree on all issues. This estimate includes lawyer preparation of all required forms, filing with the Court of King's Bench, obtaining the clearance certificate from Ottawa, and finalizing the divorce judgment. The J. Donovan Law Group charges $907.35 for simplified divorce services plus the $110 filing fee, representing the lower end of lawyer-assisted options.
Cost Breakdown for Uncontested Divorce
| Service | Estimated Cost |
|---|---|
| Lawyer flat fee (simplified) | $907 - $1,500 |
| Court filing fee | $110 |
| Clearance certificate | $10 |
| Certificate of divorce | $7 |
| Process server | $75 - $250 |
| Total range | $1,109 - $1,877+ |
Online document preparation services offer an even cheaper alternative for couples with no children, no property disputes, and complete agreement. Services like DivorceFiller charge $139 to $179 to prepare all required court documents, though you remain responsible for the $127 in court fees and must file the paperwork yourself. This do-it-yourself approach can reduce total costs to under $350, though it requires navigating the court system without professional guidance.
Contested Divorce Costs in New Brunswick
A contested divorce in New Brunswick costs $11,000 to $25,000 or more in legal fees when spouses disagree on issues like property division, spousal support, or parenting arrangements. According to Canadian legal cost surveys, family lawyers in Atlantic Canada charge lower hourly rates than Ontario or British Columbia, typically ranging from $225 to $400 per hour, but complex disputes requiring multiple court appearances can still generate substantial bills over months or years of litigation.
Trial Costs by Duration
| Trial Length | Estimated Legal Fees |
|---|---|
| Up to 2 days | $11,750 |
| Up to 5 days | $30,000 |
| Extended trial (5+ days) | $43,000+ |
The national average cost for a contested divorce in Canada is approximately $20,625 according to 2025 legal cost data, though New Brunswick costs trend slightly lower due to reduced hourly rates in Atlantic provinces. Factors that increase costs include disputes over business asset valuation, complex pension division, international parenting arrangements, and allegations requiring expert witnesses such as forensic accountants or parenting coordinators.
Property Division Costs Under the Marital Property Act
Property division in New Brunswick follows the equal division principle under section 2 of the Marital Property Act, RSNB 2012, c. 107, which entitles each spouse to an equal share of marital property and imposes equal responsibility for marital debts. Legal fees for negotiating a separation agreement covering property typically range from $1,750 to $3,000 according to New Brunswick family law practitioners, with more complex estates requiring additional professional services.
Excluded Assets Under the Marital Property Act
Business assets owned by one spouse and used principally in a business carried on by that spouse are exempt from division under the Marital Property Act. This exclusion means professional corporations, sole proprietorships, and partnership interests may remain with the operating spouse, though determining what qualifies as a "business asset" versus divisible marital property often requires legal analysis costing $1,000 to $3,000 in professional fees.
When disputes arise over property valuation or classification, courts may order professional appraisals. Real estate appraisals typically cost $300 to $600, business valuations range from $5,000 to $25,000 depending on complexity, and pension valuations for equalization purposes average $500 to $1,500. These expert costs add to how much does divorce cost New Brunswick residents facing contested property division.
Spousal Support Calculation and Legal Costs
Spousal support in New Brunswick divorces is calculated using the Spousal Support Advisory Guidelines, which provide income-sharing formulas based on the length of marriage, income disparity between spouses, and presence of dependent children. Legal fees to negotiate a spousal support agreement average $6,274 nationally, with New Brunswick costs typically 15-20% lower due to regional rate differences in Atlantic Canada.
The Guidelines produce a range rather than a single figure, calculated as a percentage of the difference between spouses' incomes. For marriages under 5 years without children, support typically ranges from 1.5% to 2% of the income difference per year of marriage. For longer marriages, the without-child support formula provides 1.5% to 2% of the gross income difference for each year of cohabitation, up to a maximum of 50%.
Spousal Support Duration Factors
| Marriage Length | Typical Support Duration |
|---|---|
| Under 5 years | 0.5 to 1 year per year of marriage |
| 5-19 years | 0.5 to 1 year per year of marriage |
| 20+ years | Indefinite (rule of 65) |
Parenting Arrangement Costs
Legal fees for establishing parenting arrangements in New Brunswick divorce cases average $2,236 for straightforward agreements and $7,014 for contested parenting disputes requiring court intervention. Under the 2021 amendments to the Divorce Act, courts now use the terms "parenting time" and "decision-making responsibility" rather than the former "custody" and "access" terminology when determining arrangements for children.
The court must consider the best interests of the child as the only factor under section 16 of the Divorce Act, R.S.C. 1985, c. 3, with specific criteria including each parent's willingness to support the child's relationship with the other parent, the child's physical and emotional safety, and any history of family violence. Parenting assessments ordered by the court typically cost $3,000 to $8,000 and are usually split between both parties.
Child Support Obligations
Child support in New Brunswick is calculated using the Federal Child Support Guidelines, which set table amounts based on the paying parent's gross income and number of children. Legal fees to establish a child support agreement average $2,236 nationally, though simple calculations using published tables can often be completed with minimal legal assistance at costs under $500.
New Brunswick Child Support Table Amounts (2024)
| Gross Annual Income | 1 Child | 2 Children | 3 Children |
|---|---|---|---|
| $30,000 | $265/month | $438/month | $572/month |
| $50,000 | $472/month | $764/month | $982/month |
| $75,000 | $690/month | $1,115/month | $1,419/month |
| $100,000 | $880/month | $1,429/month | $1,823/month |
Special or extraordinary expenses, including childcare, medical and dental premiums, extracurricular activities, and post-secondary education costs, are shared proportionally between parents based on their respective incomes. Disputes over what qualifies as a special expense or the appropriate sharing ratio can add $1,000 to $3,000 in legal fees.
Mediation as a Cost-Saving Alternative
Family mediation in New Brunswick costs $150 to $300 per hour for private mediators, with complete divorce mediation typically requiring 4 to 8 sessions for total costs of $600 to $2,400. This represents significant savings compared to the $11,000+ average for contested divorces. Free government-funded mediation services are available through the Department of Justice and Public Safety for qualifying families experiencing separation.
Family Service Moncton offers family mediation services province-wide in all judicial districts on a fee-for-service basis, with fees often set on a sliding scale based on household income. Mediators accredited by Family Mediation Canada or the Law Society of New Brunswick provide credentials ensuring professional standards, and successful mediation typically produces a memorandum of understanding that lawyers can formalize into a legally binding separation agreement.
Mediation vs. Litigation Cost Comparison
| Process | Estimated Total Cost | Timeline |
|---|---|---|
| Full mediation with lawyer review | $2,000 - $4,000 | 2-4 months |
| Collaborative divorce | $5,000 - $15,000 | 3-6 months |
| Traditional litigation (contested) | $11,000 - $25,000+ | 6-24 months |
Timeline and Processing Costs
The divorce timeline in New Brunswick typically spans 4 to 8 months for uncontested cases, with the mandatory one-year separation period under section 8(2)(a) of the Divorce Act being the primary timing factor. You can file the petition before completing one year of separation, but the court cannot grant the divorce judgment until the full year has elapsed. This waiting period applies regardless of how much you spend on legal representation.
After filing your petition, your spouse has 20 days to file a response if served within New Brunswick. The Central Divorce Registry in Ottawa typically takes 2 to 3 months to issue a clearance certificate confirming no other divorce proceedings exist. Once all documents are filed and the clearance certificate obtained, judges typically issue uncontested divorce judgments within 4 to 6 weeks. The Certificate of Divorce, required before remarrying, becomes available 31 days after the divorce judgment takes effect.
Free and Low-Cost Legal Resources
New Brunswick provides several free and reduced-cost legal resources for divorce. The Family Law Information Centres (FLICs) in Moncton and Saint John offer information, referrals, and appointments with family advice lawyers at no cost. Call 1-855-266-0266 toll-free to schedule an appointment.
PLEIS-NB (Public Legal Education and Information Service of New Brunswick) operates a free Family Law Information Line (1-888-236-2444) where trained staff provide legal information in English and French. Their "Navigating the Family Justice System" workshops and webinars help self-represented litigants manage their own family law matters without attorney fees.
Legal Aid Eligibility
The New Brunswick Legal Aid Services Commission provides family law services to low-income individuals who qualify through means testing. Covered services include representation for parenting arrangements, child support, and spousal support disputes. Domestic Legal Aid also offers free mediation services, which must be attempted before receiving a legal aid certificate for support variation applications.
Ways to Reduce Your New Brunswick Divorce Costs
Reducing how much does divorce cost New Brunswick residents requires strategic decisions about process and representation. The single most effective cost-saving measure is reaching agreement with your spouse on all issues before involving lawyers, converting a potential $20,000 contested divorce into a $1,500 uncontested matter. Each hour spent negotiating directly with your spouse saves $225 to $400 in attorney fees.
Cost-Reduction Strategies
- Complete your one-year separation before filing to avoid interim applications
- Use mediation ($600-$2,400) instead of litigation ($11,000+)
- Agree on property values without formal appraisals ($300-$25,000 savings)
- Consider unbundled legal services (lawyer reviews documents at $200-$500 per hour)
- Use online document preparation ($139-$179) for truly simple cases
- Gather all financial documents before meeting with lawyers (reduces billable hours)
- Communicate with your lawyer by email rather than phone when possible
Frequently Asked Questions
How much does an uncontested divorce cost in New Brunswick?
An uncontested divorce in New Brunswick costs $1,200 to $2,500 when using a lawyer, or as low as $350 total when using online document preparation services ($179) plus court fees ($127) and handling filing yourself. The cheapest option is the do-it-yourself approach using court forms from FamilyLawNB.ca at zero legal fees beyond the mandatory $127 court costs.
What is the filing fee for divorce in New Brunswick?
The filing fee for divorce in New Brunswick is $127 total, comprised of $110 to file the Petition for Divorce under Rule 78 of the Rules of Court, $10 for the mandatory clearance certificate from Ottawa, and $7 for the Certificate of Divorce. All fees are payable to the Minister of Finance for the Province of New Brunswick. As of March 2026. Verify with your local clerk.
How long do you have to be separated before divorce in New Brunswick?
You must be separated for at least one year before a divorce can be granted in New Brunswick under section 8(2)(a) of the Divorce Act, R.S.C. 1985, c. 3. You can file the petition before completing one year of separation, but the court cannot issue the divorce judgment until the full 12 months have elapsed. Living in the same home during separation is permitted if the conjugal relationship has ended.
Can I get a divorce in New Brunswick without a lawyer?
Yes, you can get a divorce in New Brunswick without a lawyer by filing as a self-represented litigant. The Court of King's Bench Family Division provides forms and instructions for uncontested divorces. Total cost without a lawyer is approximately $127 in court fees plus $75-$250 for process server fees if your spouse requires personal service. PLEIS-NB offers free workshops to help self-represented parties.
How is property divided in a New Brunswick divorce?
Property in New Brunswick is divided equally between spouses under the Marital Property Act, RSNB 2012, c. 107. Each spouse is entitled to 50% of marital property and responsible for 50% of marital debts accumulated during the marriage. Business assets used in a business carried on by one spouse are exempt from division. Courts may order unequal division only if equal division would be inequitable.
What is the cheapest way to get divorced in New Brunswick?
The cheapest divorce in New Brunswick costs approximately $350 total using the do-it-yourself approach: online document preparation service ($179), court filing fee ($110), clearance certificate ($10), and certificate of divorce ($7). This option works only for couples with no children, no property disputes, and complete agreement on all issues. Process server costs ($75-$250) may be avoided if your spouse signs an Acknowledgment of Service form.
How much does a contested divorce cost in New Brunswick?
A contested divorce in New Brunswick typically costs $11,000 to $25,000 or more in legal fees, depending on the complexity of disputes and whether the case goes to trial. Two-day trials average $11,750 in legal fees, while five-day trials average $30,000. Disputes requiring expert witnesses (business valuators, parenting assessors, forensic accountants) can add $5,000 to $25,000 in additional professional costs.
Does New Brunswick have common-law divorce?
No, there is no common-law divorce in New Brunswick because divorce legally applies only to married couples under the Divorce Act, R.S.C. 1985, c. 3. Common-law couples separate without court involvement unless disputes arise over property or children. The Marital Property Act equal division rules do not apply to common-law couples, who must pursue property claims through unjust enrichment or constructive trust arguments.
How long does a divorce take in New Brunswick?
An uncontested divorce in New Brunswick takes 4 to 8 months from filing to final judgment, with the one-year mandatory separation period being the primary timing factor. After filing, obtaining the clearance certificate from Ottawa takes 2 to 3 months, and judges typically issue divorce judgments within 4 to 6 weeks of receiving complete documentation. Contested divorces involving trials can take 1 to 2 years or longer.
Can I get a fee waiver for divorce filing in New Brunswick?
Yes, fee waivers are available under Rule 72.24(2) of the Rules of Court when a solicitor certifies that legal services will not be paid and the fee would impose financial hardship, or when the applicant receives assistance under the Family Income Services Act. A Certificate of Solicitor (Form 72FF) must be filed with the Petition for Divorce. The $10 clearance certificate and $7 certificate of divorce fees cannot be waived.