Filing for divorce in New Brunswick requires submitting specific court forms to the Court of King's Bench, Family Division, along with a $110 filing fee ($100 petition plus $10 Clearance Certificate). The primary divorce papers include either Form 72A (Petition for Divorce) when one spouse files alone, or Form 72B (Joint Petition for Divorce) when both spouses agree on all terms. Uncontested divorces in New Brunswick typically finalize within 4 to 8 weeks after filing, making the province one of the more efficient jurisdictions in Canada for straightforward divorce proceedings.
Author: Antonio G. Jimenez, Esq. Florida Bar No. 21022 | Covering New Brunswick divorce law
Key Facts: New Brunswick Divorce Papers
| Requirement | Details |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 Clearance Certificate) |
| Court | Court of King's Bench, Family Division |
| Primary Forms | Form 72A (sole) or Form 72B (joint) |
| Residency Requirement | 1 year ordinary residence in New Brunswick |
| Waiting Period | 31 days after judgment before divorce is final |
| Grounds | 1-year separation (94.78% of cases), adultery, or cruelty |
| Property Division | Equal division under Marital Property Act (RSNB 2012, c. 107) |
| Timeline (Uncontested) | 4-8 weeks from filing to judgment |
What Are the Required Divorce Papers in New Brunswick?
New Brunswick divorce papers consist of 6 to 10 mandatory court forms depending on whether you file alone or jointly, with the Petition for Divorce (Form 72A or 72B) serving as the foundational document. Under Rules of Court, Rule 72, all divorce proceedings must be filed with the Registrar of the Court of King's Bench, Family Division, in the judicial district where you or your spouse resides. The filing fee totals $110, comprising $100 for the petition and $10 for the mandatory Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa.
Primary Petition Forms
Form 72A (Petition for Divorce) is filed when one spouse initiates the divorce unilaterally. This 14-page document requires details about your marriage, grounds for divorce, parenting arrangements for minor children, support claims, and property division requests. The petitioner must serve the respondent with a copy of the petition along with Form 72C (Notice of Petition for Divorce).
Form 72B (Joint Petition for Divorce) is used when both spouses agree on all terms including parenting arrangements, support, and property division. Joint petitions proceed faster, typically finalizing within 4 to 6 weeks, because both spouses sign the petition initially, eliminating the service and response period requirements.
Supporting Documentation Required
Every divorce petition in New Brunswick must include:
- Original or certified marriage certificate (not a photocopy)
- Financial Statement (Form 72J) if claiming support or property division
- Clearance Certificate from the Central Registry of Divorce Proceedings
- Parenting Plan if minor children are involved
- Separation Agreement (if one exists)
How to Obtain New Brunswick Divorce Forms
New Brunswick divorce forms are available free of charge through multiple official sources, with Form 72A and Form 72B being the most commonly needed documents. The Family Law NB website (familylawnb.ca) provides all family division forms in fillable PDF format, allowing you to complete documents electronically before printing. The New Brunswick Courts website (courtsnb-coursnb.ca) also maintains current versions of all required forms under the Court of King's Bench, Family Division section.
Official Sources for Divorce Papers
| Source | Website | Cost |
|---|---|---|
| Family Law NB | familylawnb.ca | Free |
| NB Courts Website | courtsnb-coursnb.ca | Free |
| Courthouse Registry | 8 locations province-wide | Free |
| Service New Brunswick | snb.ca | Free |
| PLEIS-NB | legalinfonb.ca | Free |
Form Versions and Updates
Always verify you are using current form versions by checking the revision date printed on each document. New Brunswick courts reject outdated forms, which can delay your divorce by weeks. The 2021 Divorce Act amendments updated terminology throughout all forms, replacing "custody" with "parenting arrangements" and "access" with "parenting time" pursuant to Divorce Act, s. 16.1.
Step-by-Step Guide to Filing Divorce Papers in New Brunswick
Filing divorce papers in New Brunswick follows a 7-step process that takes 4 to 8 weeks for uncontested cases, with the Clearance Certificate from Ottawa often being the longest wait at 6 to 8 weeks. Under Divorce Act, s. 3(1), at least one spouse must have ordinarily resided in New Brunswick for a minimum of one year immediately before filing. The Court of King's Bench, Family Division operates in 8 judicial districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock.
Step 1: Confirm Eligibility
Before completing any divorce papers, verify you meet these requirements:
- One-year residency in New Brunswick for at least one spouse
- Legal grounds for divorce established under Divorce Act, s. 8
- Original marriage certificate available
- Knowledge of spouse's current address for service
Step 2: Complete the Petition
Complete Form 72A (if filing alone) or Form 72B (if filing jointly). Include all required information about your marriage, grounds for divorce, claims for support, parenting arrangements, and property division. Accuracy is critical because errors cause rejections and delays.
Step 3: Gather Supporting Documents
Assemble your marriage certificate, any existing separation agreement, and Form 72J (Financial Statement) if you are requesting support or property division. The Financial Statement requires detailed disclosure of income, assets, debts, and monthly expenses.
Step 4: File with the Court
Submit your completed petition and supporting documents to the Registrar of the Court of King's Bench, Family Division, in your judicial district. Pay the $110 filing fee ($100 petition plus $10 Clearance Certificate). Make cheques or money orders payable to the Minister of Finance for the Province of New Brunswick.
Step 5: Serve the Respondent
If you filed Form 72A alone, you must serve the respondent with a copy of the petition and Form 72C (Notice of Petition for Divorce). Service must be personal unless the court permits substituted service. The respondent has 20 days to respond if served within New Brunswick, or 40 days if served outside the province.
Step 6: Obtain Clearance Certificate
Request a Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa. This certificate confirms no other divorce proceeding is pending between the same parties. Processing takes 6 to 8 weeks, though it can extend to 2 to 3 months during busy periods.
Step 7: File Request for Divorce
Once the response period expires and you receive your Clearance Certificate, file Form 72K (Request for Divorce) along with the Clearance Certificate, original marriage certificate, and any required affidavits. The court reviews your file and issues a Divorce Judgment, typically within 4 to 6 weeks.
Filing Fees and Cost Breakdown
New Brunswick divorce papers carry a total court filing fee of $110, comprising the $100 petition fee and $10 Clearance Certificate fee under Rules of Court, Rule 72.24. This is among the lowest filing fees in Canada, compared to $632 in Ontario or $290 in Alberta. Additional costs may apply for service, copies, and the Certificate of Divorce after judgment.
Complete Cost Breakdown
| Fee Type | Amount | Payable To |
|---|---|---|
| Petition Filing Fee | $100 | Minister of Finance, NB |
| Clearance Certificate | $10 | Minister of Finance, NB |
| Certificate of Divorce | $7 | Minister of Finance, NB |
| Service by Sheriff | $50-100 | Sheriff's Office |
| Certified Copies | $7-15 each | Court Registry |
Fee Waivers for Low-Income Filers
New Brunswick waives filing fees for petitioners who receive social assistance under the Family Income Security Act or are represented by Legal Aid, pursuant to Rules of Court, Rule 72.24(2). The Registrar also has discretion to waive fees when a solicitor certifies that legal services are provided without charge and payment would impose financial hardship.
Understanding Form 72A: Petition for Divorce
Form 72A serves as the primary divorce document when one spouse files without the other's participation, requiring detailed information across 14 pages covering marriage particulars, grounds, corollary relief claims, and certification statements. Under Rules of Court, Rule 72.03, the petition must state the grounds for divorce, any claims for parenting arrangements, child support, spousal support, and property division, along with the factual basis supporting each claim.
Required Information in Form 72A
- Names, addresses, and birthdates of both spouses
- Date and place of marriage
- Names and birthdates of all children of the marriage
- Grounds for divorce (separation date, adultery, or cruelty)
- Current parenting arrangements
- Claims for parenting orders, support, and property division
- Certification that there is no possibility of reconciliation
Common Errors That Cause Rejection
The Registrar rejects approximately 15% of initial filings due to common errors including:
- Using outdated form versions
- Missing or incorrect marriage certificate
- Incomplete or illegible information
- Mathematical errors in Financial Statement
- Missing signatures or improper witnessing
- Failure to include Clearance Certificate request fee
Understanding Form 72B: Joint Petition for Divorce
Form 72B allows both spouses to petition jointly when they agree on all terms, reducing processing time by 2 to 4 weeks and eliminating service requirements. Joint petitions demonstrate to the court that both parties consent to the divorce and have resolved all corollary matters including parenting arrangements, support, and property division. Approximately 35% of New Brunswick divorces are filed as joint petitions.
Advantages of Joint Petition
- Faster processing: 4-6 weeks versus 6-8 weeks
- No service costs (saving $50-100)
- No waiting period for respondent answer
- Lower conflict atmosphere
- Single court appearance if required
When Joint Petition Is Appropriate
A joint petition works when both spouses:
- Agree the marriage has broken down
- Have resolved parenting arrangements
- Agree on child support calculations
- Agree on spousal support (if applicable)
- Have divided or agreed to divide property
- Are willing to sign documents together
Financial Statement Requirements (Form 72J)
Form 72J requires comprehensive financial disclosure from both parties when the divorce involves claims for support or property division under the Marital Property Act (RSNB 2012, c. 107). The form spans 15 pages and requires disclosure of income from all sources, monthly expenses, assets, liabilities, and anticipated changes to financial circumstances.
Income Disclosure Requirements
Under Rule 72.09, you must attach:
- Three most recent income tax returns
- All T4s, T5s, and other tax slips for the past three years
- Most recent Notice of Assessment from CRA
- Three most recent pay stubs if employed
- Financial statements if self-employed
- Proof of any other income sources
Consequences of Non-Disclosure
Failure to provide complete financial disclosure can result in:
- Court-ordered production with cost consequences
- Adverse inferences drawn against the non-disclosing party
- Property division orders set aside on appeal
- Support orders varied retroactively
- Contempt proceedings in serious cases
Grounds for Divorce in New Brunswick
New Brunswick recognizes the three grounds for divorce established under Divorce Act, s. 8: one-year separation (used by 94.78% of divorcing couples), adultery, and physical or mental cruelty. The one-year separation ground is overwhelmingly preferred because it requires no fault-finding, reduces conflict, and allows couples to begin the one-year period while still living in the same home under certain circumstances.
One-Year Separation
Spouses must have lived separate and apart for at least one year immediately preceding the divorce petition, though they may attempt reconciliation for up to 90 days without resetting the clock under Divorce Act, s. 8(3). Living separate and apart can occur within the same residence if the spouses maintain separate bedrooms, finances, and social lives.
Adultery and Cruelty Grounds
Adultery requires proof that one spouse engaged in sexual relations outside the marriage, and you cannot rely on your own adultery. Cruelty must be physical or mental cruelty of such severity that continued cohabitation is intolerable. These grounds allow immediate filing but require evidence and typically create more conflict, making the one-year separation ground preferable in most cases.
Parenting Arrangements Under the 2021 Divorce Act
The 2021 Divorce Act amendments replaced the terminology of "custody" and "access" with "parenting time" and "decision-making responsibility" under Divorce Act, s. 16.1. New Brunswick courts must now apply a detailed list of best interests factors when making parenting orders, giving primary consideration to the child's physical, emotional, and psychological safety, security, and well-being.
Best Interests Factors
Under Divorce Act, s. 16(3), courts consider:
- The child's needs given their age and stage of development
- 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 history of care for the child
- The child's cultural, linguistic, religious, and spiritual upbringing
- The child's views and preferences (where appropriate)
- Any family violence and its impact
- Plans for the child's care
- The ability of each parent to communicate and cooperate on parenting matters
Parenting Plans in Divorce Papers
If you have minor children, your divorce papers should include a detailed parenting plan addressing:
- Regular parenting time schedule
- Holiday and vacation schedules
- Decision-making responsibility allocation
- Communication methods between parents
- Relocation notice requirements
- Dispute resolution mechanisms
Property Division Documents
Property division in New Brunswick follows the equal division presumption under the Marital Property Act (RSNB 2012, c. 107), where each spouse is entitled to an equal share of marital property and bears an equal share of marital debts. A divorce judgment does not automatically address property division; a separate application under the Marital Property Act must be filed within 60 days of the divorce being granted if not resolved earlier.
What Constitutes Marital Property
Marital property includes "family assets" ordinarily used by the spouses and their children for:
- Shelter (matrimonial home)
- Transportation (vehicles)
- Household purposes (furniture, appliances)
- Educational purposes
- Recreational purposes
- Social purposes
Unequal Division Circumstances
The Court may order an unequal division under section 7 of the Marital Property Act if equal division would be inequitable, considering:
- Duration of the marriage
- Prior separation agreements
- Deliberate dissipation of assets
- Fraudulent dealings
- Gross disparity in contribution by one spouse
Service Requirements and Timelines
After filing Form 72A, the petitioner must serve the respondent with the petition and Form 72C (Notice of Petition for Divorce) by personal service unless the court permits an alternative method. The respondent has 20 days to file an Answer (Form 72D) if served within New Brunswick, or 40 days if served outside the province. Failure to respond within these timeframes allows the petitioner to proceed on an uncontested basis.
Methods of Service
| Method | Description | Cost |
|---|---|---|
| Personal Service | Hand-delivered to respondent directly | $50-100 (Sheriff) |
| Process Server | Private service company | $75-150 |
| Family/Friend | Adult who is not a party | Free |
| Substituted Service | Court-ordered alternative | Varies |
Proof of Service Requirements
The person who serves the documents must complete an Affidavit of Service confirming:
- Date, time, and location of service
- Method of identifying the respondent
- Documents served
- Manner of service
After the Divorce Judgment
The divorce judgment becomes final 31 days after it is granted under Divorce Act, s. 12, during which time either party may appeal. Once the 31-day period expires, you may request a Certificate of Divorce for $7, which serves as official proof of your divorced status. The Certificate of Divorce is required for remarriage and for updating identification documents.
What to Do After Divorce
- Request Certificate of Divorce ($7)
- Update driver's license and health card
- Change name on passport and other ID (if applicable)
- Notify Canada Revenue Agency
- Update beneficiary designations
- Revise will and powers of attorney
- Close joint accounts
- Divide registered accounts pursuant to QDRO or court order
Frequently Asked Questions
How much does it cost to file divorce papers in New Brunswick?
Filing divorce papers in New Brunswick costs $110 total, comprising a $100 petition fee and a $10 Clearance Certificate fee. The Certificate of Divorce costs an additional $7 after the 31-day appeal period expires. Service costs range from free (if served by a friend) to $100 (Sheriff service). As of May 2026. Verify with your local clerk.
How long does an uncontested divorce take in New Brunswick?
An uncontested divorce in New Brunswick typically takes 4 to 8 weeks from filing to judgment, with joint petitions (Form 72B) processing faster at 4 to 6 weeks. The Clearance Certificate from Ottawa can take 6 to 8 weeks, sometimes extending to 2 to 3 months. The divorce becomes final 31 days after the judgment is granted.
What is the residency requirement for divorce in New Brunswick?
At least one spouse must have ordinarily resided in New Brunswick for a minimum of one year immediately before filing the divorce petition, as required by Divorce Act, s. 3(1). Residency is proven through a New Brunswick driver's license, health card, utility bills, or witness testimony. Canadian citizenship is not required.
Can I file for divorce without a lawyer in New Brunswick?
Yes, you can file for divorce without a lawyer in New Brunswick, especially for uncontested cases with no children or property disputes. The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) provides free guides for self-represented litigants. However, cases involving contested parenting arrangements, significant assets, or complex support calculations benefit from legal representation.
What grounds for divorce exist in New Brunswick?
New Brunswick recognizes three grounds for divorce under Divorce Act, s. 8: one-year separation (used by 94.78% of divorcing couples), adultery by the other spouse, and physical or mental cruelty. The one-year separation ground requires no fault-finding and allows filing after 12 months of living separate and apart.
How do I serve divorce papers in New Brunswick?
Divorce papers must be served personally on the respondent unless the court permits substituted service. Service can be performed by the Sheriff ($50-100), a private process server ($75-150), or any adult who is not a party to the proceedings (free). The server must complete an Affidavit of Service confirming the date, time, location, and manner of service.
What is a Clearance Certificate and why do I need it?
A Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa confirms that no other divorce proceeding is pending between the same parties anywhere in Canada. It costs $10 and takes 6 to 8 weeks to process. The court cannot grant a divorce without this certificate. Request it early in the process to avoid delays.
Can I get filing fees waived in New Brunswick?
New Brunswick waives filing fees for petitioners who receive social assistance under the Family Income Security Act or are represented by Legal Aid, pursuant to Rules of Court, Rule 72.24(2). The Registrar may also waive fees when a solicitor certifies pro bono representation and payment would impose financial hardship.
What happens if my spouse does not respond to the divorce papers?
If your spouse does not file an Answer within 20 days (or 40 days if served outside New Brunswick), you may proceed with an uncontested divorce. File the Request for Divorce (Form 72K) with proof of service, the Clearance Certificate, and your original marriage certificate. The court will review the file and grant the divorce judgment, typically within 4 to 6 weeks.
Where do I file divorce papers in New Brunswick?
File divorce papers with the Registrar of the Court of King's Bench, Family Division, in your judicial district. New Brunswick has 8 judicial districts with courthouses in Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. File in the district where you or your spouse ordinarily resides.
Resources and Next Steps
For current forms and filing instructions, visit Family Law NB at familylawnb.ca or the New Brunswick Courts website at courtsnb-coursnb.ca. The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) offers free publications including "Doing Your Own Divorce in New Brunswick." Contact Legal Aid New Brunswick at 1-888-749-1529 to determine if you qualify for free legal representation based on income eligibility.
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