Introduction
If you are considering divorce in New Brunswick, understanding the legal framework is an essential first step. Divorce in Canada is governed by the federal Divorce Act (R.S.C. 1985, c. 3), while provincial legislation—most notably the Marital Property Act (RSNB 2012, c. 107) and the Family Law Act—addresses property division, parenting arrangements, and support. This guide walks you through the key legal requirements, processes, and considerations involved in obtaining a divorce in New Brunswick.
Whether your separation is amicable or contested, knowing your rights and obligations can help you make informed decisions, protect your interests, and move forward with confidence. Below, you will find detailed information on grounds for divorce, residency requirements, property division, parenting arrangements, spousal support, the filing process, and estimated timelines and costs.
Grounds for Divorce
Under the federal Divorce Act, there is only one ground for divorce in Canada, including New Brunswick: breakdown of the marriage. The Act recognizes three ways to establish that a marriage has broken down:
1. Separation for at Least One Year
The most common basis for divorce is living separate and apart for a continuous period of at least one year. You can file the divorce application before the one-year period is complete, but the divorce cannot be granted until the full year has elapsed. Importantly, "living separate and apart" does not necessarily mean living in different homes—spouses can be considered separated while still residing under the same roof, provided they have genuinely ended their marital relationship.
2. Adultery
A spouse may seek a divorce on the ground that the other spouse committed adultery. If you rely on this ground, you must provide sufficient evidence. You cannot, however, rely on your own adultery as a basis for your divorce application.
3. Cruelty
A divorce may be granted if one spouse has treated the other with physical or mental cruelty of such a kind as to render continued cohabitation intolerable. This ground requires clear evidence of a pattern or severity of behaviour that makes living together impossible.
While adultery and cruelty can allow a divorce to proceed without waiting a full year of separation, they are more difficult to prove and may increase legal costs and conflict. For this reason, the vast majority of divorces in New Brunswick proceed on the basis of one year of separation.
Residency Requirements
To file for divorce in New Brunswick, at least one spouse must have been habitually resident in the Province of New Brunswick for at least one year immediately preceding the filing of the divorce application. "Habitually resident" means that the person has been living in New Brunswick on a settled and regular basis—it is where they consider their primary home.
If neither spouse meets this requirement, the application must be filed in a province or territory where one spouse does qualify. There is no requirement that both spouses reside in New Brunswick; only one needs to satisfy the residency threshold.
Property Division
Property division upon divorce in New Brunswick is governed by the Marital Property Act (RSNB 2012, c. 107). This provincial statute establishes rules for the fair distribution of assets accumulated during the marriage.
Marital Property
Under section 2 of the Marital Property Act, "marital property" generally includes all property acquired by either spouse during the marriage, regardless of whose name is on the title. This can encompass the family home, vehicles, bank accounts, investments, pensions, and business interests.
Exempt Property
Certain property may be exempt from division, including:
- Property owned by a spouse before the marriage (in some circumstances)
- Gifts or inheritances received by one spouse during the marriage, provided they were kept separate
- Certain personal injury awards
However, any increase in the value of exempt property during the marriage may be subject to division.
The Family Home
The Marital Property Act gives special treatment to the matrimonial home. Regardless of which spouse holds legal title, both spouses generally have an equal right to possession of the family home until a court order or agreement provides otherwise.
Equal Division Presumption
New Brunswick law presumes an equal division of marital property. A court may depart from equal division if it would be inequitable in the circumstances, considering factors such as the length of the marriage, the contribution of each spouse, and any written agreements between the parties.
It is highly advisable to obtain a professional valuation of significant assets—particularly real estate, pensions, and business interests—to ensure an accurate and fair division.
Parenting Arrangements
When children are involved, establishing clear and workable parenting arrangements is one of the most important aspects of any divorce. Under the Divorce Act, both parents are expected to act in the best interests of the child, which is the paramount consideration in all decisions.
Decision-Making Responsibility
Decision-making responsibility refers to the authority to make significant decisions about a child's welfare, including education, health care, religious upbringing, and extracurricular activities. Decision-making responsibility may be allocated to one parent, shared between both parents, or divided by subject area, depending on what serves the child's best interests.
Parenting Time
Parenting time refers to the time each parent spends with the child. A parenting schedule may be equal, or it may allocate more time to one parent depending on the family's circumstances, the child's needs, and practical considerations such as proximity to school and the parents' work schedules.
Factors Considered
When determining parenting arrangements, the court considers a wide range of factors, including:
- The child's physical, emotional, and psychological needs
- The child's existing relationships with each parent and other significant people
- Each parent's willingness to support the child's relationship with the other parent
- The child's views and preferences, where appropriate given the child's age and maturity
- Any history of family violence or abuse
Parenting Plans
Parents are encouraged to reach their own agreements about parenting arrangements through negotiation, mediation, or collaborative family law processes. A detailed parenting plan can address day-to-day schedules, holidays, communication protocols, and decision-making procedures. If parents cannot agree, the court will impose an arrangement based on the child's best interests.
Spousal Support
Spousal support (sometimes called "alimony") may be awarded to either spouse upon divorce, depending on the circumstances. The purpose of spousal support is to address economic disadvantage arising from the marriage or its breakdown.
Entitlement
Entitlement to spousal support is determined by considering factors such as:
- The length of the marriage
- The roles each spouse assumed during the marriage (e.g., primary caregiver, primary income earner)
- The financial means and needs of each spouse
- The ability of each spouse to become financially self-sufficient
Amount and Duration
The Spousal Support Advisory Guidelines (SSAGs) provide formulas that courts and lawyers across Canada, including New Brunswick, frequently use to calculate the range of appropriate support amounts and durations. The SSAGs are not legislation, but they are influential in practice.
Support may be paid on a temporary or indefinite basis. In longer marriages or where one spouse has significantly reduced earning capacity, support may continue for an extended period or even indefinitely.
Variation
Spousal support orders can be varied if there is a material change in circumstances, such as a significant change in income, retirement, or the recipient spouse becoming self-sufficient.
Filing Process
Here is a general overview of the steps involved in filing for divorce in New Brunswick:
Step 1: Determine Eligibility
Confirm that you meet the residency requirement (at least one year of habitual residence in New Brunswick) and that you have grounds for divorce.
Step 2: Gather Documentation
You will need your original marriage certificate (or a certified copy), financial disclosure documents, and any existing separation agreements or court orders.
Step 3: Prepare and File the Application
Prepare the divorce application and supporting documents. In New Brunswick, divorce applications are filed with the Court of King's Bench (Family Division, where available). You may file a joint application (if both spouses agree) or a sole application (filed by one spouse).
Step 4: Serve the Application
If you file a sole application, you must serve the other spouse with the divorce documents according to the rules of court. The responding spouse then has an opportunity to file a response.
Step 5: Financial Disclosure
Both spouses are required to provide full and honest financial disclosure. This is mandatory and essential for resolving property division and support issues.
Step 6: Negotiate or Litigate
Spouses are encouraged to resolve outstanding issues—including property division, parenting arrangements, and support—through negotiation, mediation, or collaborative law. If agreement cannot be reached, the matter proceeds to trial.
Step 7: Obtain the Divorce Judgment
Once all issues are resolved and the court is satisfied that the legal requirements have been met, a divorce judgment is issued.
Step 8: Waiting Period After Judgment
The divorce does not become final until 31 days after the judgment is granted. This waiting period allows either party to appeal. After the 31 days have passed, either spouse may request a Certificate of Divorce, which is the official proof that the marriage has been legally dissolved.
Timeline and Costs
Timeline
The length of the divorce process varies significantly depending on whether the divorce is contested or uncontested:
- Uncontested divorce (both spouses agree on all issues): Typically 3 to 6 months after filing, assuming the one-year separation period has already elapsed.
- Contested divorce (disagreements on property, parenting arrangements, or support): Can take 1 to 3 years or more, depending on the complexity of the issues and court availability.
Remember that if you are relying on one year of separation, the divorce cannot be granted until that full year has passed.
Costs
- Court filing fee: Approximately $125 to $225 (as of February 2026; verify the current amount with your local court clerk, as fees are subject to change).
- Legal fees: Vary widely. An uncontested divorce handled by a lawyer may cost $1,500 to $3,500 or more. Contested divorces involving parenting arrangements, property disputes, or support issues can cost $10,000 to $50,000+, depending on complexity and whether the matter goes to trial.
- Additional costs: Disbursements such as process server fees, photocopying, financial valuations, and mediator fees may also apply.
Self-represented litigants can reduce legal fees, but divorce—particularly when children or significant assets are involved—often benefits from professional legal advice.
Legal Disclaimer
This guide is provided for general informational purposes only and does not constitute legal advice. Divorce law involves both federal and provincial legislation, and the application of the law depends on the specific facts of each case. Laws, court fees, and procedures are subject to change. The information in this guide is believed to be accurate as of its publication date but may not reflect the most current legal developments.
You should consult a qualified family law lawyer in New Brunswick for advice tailored to your individual circumstances. If cost is a concern, consider contacting Legal Aid New Brunswick or the Law Society of New Brunswick's Lawyer Referral Service for assistance in finding affordable legal help.
Nothing in this guide creates a solicitor-client relationship between the reader and the author or publisher.