A divorce journal in New Brunswick is a dated, factual record of events, communications, finances, and parenting interactions that you keep during separation. Courts of King's Bench (Family Division) weigh documented evidence under Family Law Act s. 50, the filing fee is $110, and the residency requirement is 12 months. Consistent divorce journal documentation in New Brunswick strengthens parenting and support claims.
Divorce journal documentation in New Brunswick is one of the most practical steps a separating spouse can take before filing a Petition for Divorce (Form 72A) with the Court of King's Bench, Family Division. A well-kept divorce evidence log captures dates, times, witnesses, and specific facts that judges rely on when allocating parenting time, decision-making responsibility, and support. This guide explains exactly what to document, how New Brunswick courts treat such records under the Family Law Act (SNB 2020, c 23) and the federal Divorce Act, and the practical filing details for 2026.
Key Facts: Divorce in New Brunswick (2026)
| Fact | Detail |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 Clearance Certificate) |
| Waiting Period | 1 year separation before a divorce judgment can be granted |
| Residency Requirement | 12 months ordinarily resident in New Brunswick before filing |
| Grounds | Separation (1 year), adultery, or cruelty (Divorce Act s. 8) |
| Property Division Type | Equalization of marital property (Family Law Act, common law province) |
Fees as of April 2026. Verify with your local clerk at the Court of King's Bench, Family Division.
What Is a Divorce Journal and Why It Matters in New Brunswick
A divorce journal is a contemporaneous written record documenting events relevant to your separation, kept from the day you decide to separate through the final divorce judgment. In New Brunswick, this documenting-for-divorce practice matters because Court of King's Bench judges decide parenting arrangements under Family Law Act s. 50, which directs the court to consider "only the best interests of the child." A detailed incident log gives the judge concrete facts rather than vague recollections.
New Brunswick operates under the Family Law Act (SNB 2020, c 23), which replaced custody and access terminology with parenting time and decision-making responsibility as of 2020. Your divorce evidence log should track parenting interactions in this modern framework. The federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), governs the divorce itself, including the one-year separation ground under Divorce Act § 8. A divorce journal documenting your separation date precisely is critical because the court cannot grant a divorce judgment until the full year of living separate and apart has elapsed. Even spouses living under the same roof can be "separate and apart" if they maintain separate lives, and a journal documents that distinction with daily specificity.
When to Start Your Divorce Journal
Start your divorce journal the moment you decide to separate, ideally before filing your Petition for Divorce. New Brunswick's one-year separation clock under Divorce Act § 8 begins on your separation date, and a journal entry fixing that date with specific facts prevents disputes. Early documentation also captures incidents while memories are fresh and details are verifiable.
Timing matters because evidence loses weight as time passes. A note written the same day an incident occurred carries far more credibility before a Court of King's Bench judge than testimony reconstructed months later for a hearing. The Family Law Act s. 50(5) provides that the court will not consider past conduct "unless the conduct is relevant to the exercise of their parenting time, decision-making responsibility or contact with the child." This means your documentation should focus on conduct that bears directly on parenting capacity, not general grievances. Begin recording before the emotional intensity of litigation distorts recall. If safety is a concern, document immediately and securely, because the 12-month residency requirement under Divorce Act § 3 means you may have months of separation to record before a judgment is even possible.
What to Document: Parenting and Child-Related Events
Document every parenting interaction with dates, times, and specific facts, because under Family Law Act s. 50(2) the Court of King's Bench weighs the child's needs, relationships, and any family violence when allocating parenting time. Custody documentation should record exchanges, missed visits, communication tone, and the child's wellbeing. This forms the evidentiary backbone of any parenting order application (Form 81B).
Your parenting-focused divorce journal should capture the following categories with precision:
- Scheduled parenting time: when each parent had the child, arrival and departure times, and any deviations from the agreed schedule.
- Missed or late exchanges: the date, scheduled time, actual time, and any explanation given.
- Decision-making conflicts: disagreements over school, health care, or activities, noting who made which decision and how it was communicated.
- The child's wellbeing: observations about mood, health, behaviour after exchanges, and statements the child makes (recorded factually, not coached).
- Communication records: save texts, emails, and parenting-app messages; note the date and substance of phone calls.
New Brunswick courts use the Affidavit in Support of Claim for Parenting Order (Form 81B) to put this evidence before the court. The 2021 Divorce Act amendments, effective March 1, 2021, added family violence as a mandatory best-interests factor under Divorce Act § 16, defining family violence broadly to include coercive and controlling behaviour. A factual incident log directly supports the s. 16(4) analysis of the nature, seriousness, and frequency of any family violence.
What to Document: Financial Records and Evidence
Document all financial matters relevant to property division and support, because New Brunswick is an equalization province under the Family Law Act where marital property is divided and child support follows the Federal Child Support Guidelines. A financial divorce evidence log should track income, expenses, asset transfers, and any dissipation of marital funds. Complete records prevent hidden-asset disputes and support accurate equalization.
Financial documentation often determines the outcome of property and support claims more than any other category. Your divorce journal should record the date you became aware of each asset and debt, along with supporting documents. Track unusual account withdrawals, large purchases, transfers to third parties, or any conduct that could constitute dissipation of marital property before equalization. Note who paid which household expenses during separation, because contributions affect the equalization calculation. Keep copies of pay stubs, tax returns, bank statements, and credit card statements, and log the date you obtained each one. Child support in New Brunswick is calculated under the Federal Child Support Guidelines using the payor's gross annual income, so documenting income changes, bonuses, and self-employment receipts is essential. If your spouse is self-employed or paid in cash, a contemporaneous log of observed spending and lifestyle can support an imputed-income argument before the Court of King's Bench.
What to Document: Family Violence and Safety Incidents
Document family violence incidents immediately with date, time, location, witnesses, injuries, and exact words used, because the 2021 Divorce Act amendments under Divorce Act § 16 make family violence a mandatory best-interests factor. New Brunswick's Family Law Act defines family violence to include physical abuse, threats, and coercive control. A detailed safety log supports both parenting claims and Emergency Intervention Order applications.
Family violence documentation requires special care because it serves two distinct legal tracks in New Brunswick. For parenting matters, Divorce Act § 16(4) directs the court to assess the nature, seriousness, and frequency of family violence, whether there is a pattern of coercive and controlling behaviour, and whether the child was directly or indirectly exposed. Your incident log should record each of these elements: what happened, how severe it was, how often it occurs, and whether the child witnessed or was affected by it. For immediate safety, New Brunswick offers Emergency Intervention Orders under the Intimate Partner Violence Intervention Act, issued within hours or days by an Emergency Adjudicative Officer and registered on the Canadian Police Information Centre (CPIC). These orders can grant temporary sole decision-making responsibility and parenting time. Collect any evidence that supports your case, including photographs, medical records, police report numbers, and witness contact details. If you are in danger, call 911 or the toll-free Family Law Information Line operated by PLEIS-NB at 1-888-236-2444.
How New Brunswick Courts Use Your Documentation
New Brunswick courts admit documented evidence through sworn affidavits, with the Court of King's Bench weighing it under Family Law Act s. 50 for parenting and the Divorce Act for the divorce itself. Your divorce journal does not go to court directly; instead, it becomes the source material for affidavits like Form 81B. Contemporaneous, factual records carry far more weight than reconstructed testimony.
Understanding how documentation enters the record is essential. Your private journal is not itself filed with the court; rather, it is the reference material you use to prepare sworn affidavits and to brief your lawyer accurately. When preparing a parenting application, you must compile a list of the affidavits and other documentary evidence intended to be used at the hearing, note any prior court proceedings relating to the application, and identify any written or spoken agreements with the other parent. The Family Law Act also permits the court, on notice to the parties, to allow evidence taken at a previous proceeding to be read into the record. Family Law Act s. 50(5) limits the court to past conduct that is relevant to parenting capacity, so a focused log that connects each incident to parenting ability is more persuasive than a catalogue of complaints. Judges value specificity: a dated entry stating exactly what occurred, who was present, and what was said is admissible affidavit content, while a general assertion of bad behaviour is not.
Best Practices for Keeping a Reliable Divorce Journal
Keep your divorce journal factual, dated, contemporaneous, and securely stored, because New Brunswick courts weigh credible, specific records over emotional narratives under Family Law Act s. 50. Record only objective facts, write entries the same day events occur, and back up your documentation in a location your spouse cannot access. Reliable documenting for divorce protects both your case and your privacy.
Follow these practices to maximize the evidentiary value and security of your records:
- Be factual, not emotional: write what happened, when, and who was present. Avoid conclusions, insults, or speculation about motives.
- Date and time every entry: a same-day entry is far more credible than a later reconstruction before the Court of King's Bench.
- Record specifics: include exact quotes, locations, witnesses, and any documents that corroborate the entry.
- Stay consistent: regular entries establish a pattern, which matters for the s. 16(4) coercive-control analysis under the Divorce Act.
- Secure your records: store the journal in a password-protected file or a location your spouse cannot reach. Back it up.
- Preserve digital evidence: screenshot texts and save emails with full headers; note that altered records can destroy credibility.
- Share only with counsel: give your lawyer or Legal Aid the relevant entries rather than the entire journal, to keep the record focused.
A disciplined divorce journal documentation practice in New Brunswick turns scattered memories into admissible, persuasive evidence that supports parenting, support, and property claims throughout your Court of King's Bench proceedings.