Answer Capsule
Divorcing after a short marriage in New Brunswick follows the same core process as any divorce under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), but courts treat property division, spousal support, and parenting arrangements differently when the marriage lasted fewer than 5 years. The filing fee is $110 ($100 petition plus $10 Central Registry clearance certificate), the mandatory separation period is 1 year, and at least one spouse must have resided in New Brunswick for 1 year before filing. Under New Brunswick Marital Property Act, R.S.N.B. 2012, c. 107, s. 7, a court may order unequal division of marital property when the cohabitation was of short duration.
| Key Fact | Detail |
|---|---|
| Filing Fee | $110 ($100 petition + $10 clearance certificate). As of March 2026. Verify with your local clerk. |
| Waiting Period | 1 year of separation before divorce judgment can be granted |
| Residency Requirement | At least 1 spouse must have ordinarily resided in New Brunswick for 1 year before filing |
| Grounds for Divorce | 1 year separation (no-fault), adultery, or physical/mental cruelty |
| Property Division | Equal division presumption under Marital Property Act, with judicial discretion for short marriages |
| Court | Court of King's Bench of New Brunswick, Family Division |
| Governing Laws | Divorce Act (federal), Marital Property Act (provincial), Family Law Act (provincial) |
What Qualifies as a Short Marriage in New Brunswick
New Brunswick law does not define a specific threshold for a "short marriage," but courts and the Spousal Support Advisory Guidelines (SSAG) generally treat marriages lasting fewer than 5 years as short-duration unions. The Marital Property Act, R.S.N.B. 2012, c. 107, s. 7 explicitly references "cohabitation of the spouses was of short duration" as a factor that can justify unequal property division. Under the SSAG without-child-support formula, a 2-year marriage generates spousal support lasting only 1 to 2 years, compared to a 20-year marriage that triggers indefinite support. New Brunswick courts consistently apply the principle that shorter marriages produce fewer intertwined financial obligations, making divorce after a short marriage in New Brunswick a more straightforward process when no children and minimal shared assets are involved.
The distinction between "short" and "long" carries real financial consequences. For a marriage lasting 3 years with an income difference of $60,000 between spouses, the SSAG without-child-support formula produces spousal support of $900 to $1,200 per month at the low end (1.5% multiplied by 3 years equals 4.5% of the $60,000 difference) for a duration of 1.5 to 3 years. That same $60,000 income gap in a 15-year marriage generates support of $13,500 to $18,000 per year for 7.5 to 15 years. Duration of marriage is the single most influential variable in Canadian spousal support calculations.
Grounds for Divorce in a Short Marriage
New Brunswick residents seeking divorce after a short marriage must establish one of three grounds under Divorce Act, R.S.C. 1985, c. 3, s. 8(2): (1) living separate and apart for at least 1 year, (2) adultery by the other spouse, or (3) physical or mental cruelty making continued cohabitation intolerable. The 1-year separation ground is used in approximately 95% of Canadian divorces because it does not require proving fault.
For couples married less than a year seeking divorce in New Brunswick, the 1-year separation requirement means the total time from marriage to divorce judgment often exceeds the length of the marriage itself. A couple married for 6 months who separates immediately must still wait a full year from the date of separation before a court can grant the divorce judgment. New Brunswick law permits filing the divorce petition before the 1-year separation period ends, but the Court of King's Bench cannot issue a final judgment until 1 full year of continuous separation has passed under Divorce Act, s. 8(2)(a).
Fault-based grounds (adultery or cruelty) eliminate the 1-year waiting period. If one spouse committed adultery, the other spouse may file immediately and potentially obtain a divorce judgment in as few as 4 to 6 months. However, fault-based divorces require evidence, increase legal costs by $5,000 to $15,000 on average, and do not affect property division or spousal support outcomes in Canada. New Brunswick courts will not consider marital misconduct when dividing property under Marital Property Act, s. 7 or awarding spousal support under Divorce Act, s. 15.2(5).
Filing Process for a Short Marriage Divorce
The divorce filing process in New Brunswick begins at the Court of King's Bench, Family Division. The petitioning spouse pays a $100 filing fee for the divorce petition plus a $10 fee for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, totaling $110 in court costs. After the divorce judgment becomes effective, the applicant may request a Certificate of Divorce (Form 72O) for an additional $7 fee under Rules of Court, Rule 72.24.
New Brunswick residents receiving 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). The Registrar also has discretion to waive fees when a solicitor certifies that no remuneration for legal services will be paid and that the filing fee would impose financial hardship.
The step-by-step process for an uncontested short marriage divorce in New Brunswick takes approximately 4 to 6 months after the 1-year separation period has been met:
- Confirm you meet the 1-year residency requirement for at least one spouse in New Brunswick
- File the Petition for Divorce (Form 72A) with the Court of King's Bench, Family Division
- Pay the $110 filing fee ($100 petition + $10 clearance certificate)
- Serve the petition on your spouse (personal service or substituted service with court permission)
- Wait 20 days for your spouse to file an Answer (Form 72B)
- If uncontested, file an Affidavit of Evidence (Form 72E) and motion for judgment
- Receive the divorce judgment from the court
- The divorce becomes effective 31 days after the judgment date, unless appealed
Total cost for an uncontested short marriage divorce in New Brunswick ranges from $110 (self-represented) to $1,500 to $3,500 (with a lawyer). Contested divorces involving property disputes or spousal support claims can cost $10,000 to $30,000 or more.
Property Division After a Short Marriage
The Marital Property Act, R.S.N.B. 2012, c. 107 establishes a presumption of equal division of marital property in New Brunswick. However, section 7 of the Act grants courts explicit authority to order unequal division when the cohabitation was of short duration. This provision is the most important statutory tool for protecting pre-marriage assets in a brief marriage divorce in New Brunswick.
New Brunswick law divides property into two categories with different treatment:
| Property Type | Definition | Short Marriage Treatment |
|---|---|---|
| Marital Property | Assets acquired during marriage by either spouse | Equal division presumed, but court may order unequal shares under s. 7 |
| Family Assets | Matrimonial home and household items used by both spouses | Court may exclude from division if short cohabitation makes inclusion unfair under s. 4 |
| Pre-Marriage Assets | Property owned before marriage that is not a family asset | Generally excluded from division; remains with original owner |
| Gifts and Inheritances | Property received by gift or inheritance during marriage | Excluded from marital property under s. 1(1) definition |
Under Marital Property Act, s. 4(4), the court may exclude a family asset from division if including it would be "unfair and unreasonable" to the owner, considering that the cohabitation was of short duration. Under section 7, the court may divide marital property in unequal shares if equal division would be "inequitable" considering all relevant circumstances.
In practice, New Brunswick courts applying the short-duration exception in marriages of 1 to 3 years typically preserve each spouse's pre-marriage assets and divide only the net increase in marital property accumulated during the brief marriage. A spouse who brought $200,000 in assets into a 1-year marriage is far more likely to retain the bulk of those assets than a spouse in a 20-year marriage where the assets became thoroughly commingled.
Spousal Support in Short Marriages
Spousal support after a short marriage in New Brunswick is governed by Divorce Act, R.S.C. 1985, c. 3, s. 15.2, which directs courts to consider four objectives: (a) recognizing economic advantages or disadvantages from the marriage, (b) apportioning financial consequences of caring for children, (c) relieving economic hardship from the breakdown, and (d) promoting economic self-sufficiency within a reasonable period. New Brunswick courts apply the federal Spousal Support Advisory Guidelines (SSAG) to calculate appropriate ranges.
The SSAG without-child-support formula calculates support as 1.5% to 2% of the gross income difference between spouses for each year of marriage, with duration ranging from 0.5 to 1 year per year of marriage. For a marriage lasting 2 years with a $50,000 income gap, this produces monthly support of $125 to $167 for a period of 1 to 2 years. The "rule of 65" for indefinite support does not apply to marriages under 5 years.
| Marriage Duration | Support Amount (per $50,000 income gap) | Support Duration |
|---|---|---|
| 1 year | $63 to $83/month | 6 months to 1 year |
| 2 years | $125 to $167/month | 1 to 2 years |
| 3 years | $188 to $250/month | 1.5 to 3 years |
| 5 years | $313 to $417/month | 2.5 to 5 years |
| 10 years | $625 to $833/month | 5 to 10 years |
New Brunswick courts recognize that self-sufficiency is more readily attainable after a short-term marriage, particularly when the marriage produced no children and the lower-income spouse did not sacrifice career opportunities. The SSAG explicitly identifies short marriages without children as cases where time-limited support is appropriate and termination is expected.
Parenting Arrangements After a Short Marriage
Parenting arrangements in New Brunswick divorces are governed by the Divorce Act, R.S.C. 1985, c. 3, s. 16.1, as amended in 2021. The 2021 amendments replaced the concepts of "custody" and "access" with "parenting orders," "parenting time," and "decision-making responsibility." The best interests of the child under section 16(1) remain the only consideration when making parenting orders, regardless of marriage length.
The duration of the marriage does not directly affect parenting arrangements. A child born during a 6-month marriage receives identical legal protections to a child born during a 25-year marriage. New Brunswick courts assess parenting time based on factors including the child's physical, emotional, and psychological needs; each parent's ability to care for the child; the child's relationship with each parent; and the child's views and preferences (considering age and maturity) under Divorce Act, s. 16(3).
Child support in New Brunswick follows the Federal Child Support Guidelines regardless of marriage duration. The table amount is determined by the paying parent's gross annual income and the number of children. A parent earning $60,000 annually with 1 child pays $571 per month under the 2024 Federal Child Support Guidelines table for New Brunswick. Child support obligations continue until the child reaches the age of majority (19 in New Brunswick) or longer if the child remains a dependent due to illness, disability, or full-time education.
Annulment as an Alternative to Divorce
Annulment declares that a valid marriage never existed, unlike divorce which ends a valid marriage. In New Brunswick, annulment (declaration of nullity) is available only in limited circumstances and is not simply a faster alternative to divorce for short marriages. Grounds for annulment include: one or both parties were under the legal age of marriage (16 in New Brunswick with parental consent, 18 without); the marriage was not properly solemnized; one party was already married (bigamy); the parties are within prohibited degrees of consanguinity; one party lacked mental capacity to consent; consent was obtained through fraud or duress; or the marriage was never consummated.
Annulment proceedings in New Brunswick are heard by the Court of King's Bench and require clear evidence that a legal impediment existed at the time of the ceremony. The burden of proof falls on the party seeking the annulment. If granted, the legal effect is that the marriage is treated as though it never existed, which can affect property division rights under the Marital Property Act since that legislation applies to "spouses" in a valid marriage.
For most couples ending a brief marriage in New Brunswick, divorce based on 1-year separation remains the most practical path. Annulment is reserved for marriages that were legally defective from the outset, not marriages that simply did not work out.
Costs and Timeline for Short Marriage Divorce in New Brunswick
The total cost of divorce after a short marriage in New Brunswick depends primarily on whether the divorce is contested or uncontested. Uncontested divorces where both parties agree on all terms cost significantly less than contested proceedings requiring trial.
| Cost Category | Uncontested | Contested |
|---|---|---|
| Court Filing Fee | $110 | $110 |
| Certificate of Divorce | $7 | $7 |
| Lawyer Fees (estimate) | $1,500 to $3,500 | $10,000 to $30,000+ |
| Process Server | $50 to $150 | $50 to $150 |
| Financial Disclosure | $0 to $500 | $1,000 to $5,000 |
| Total Estimated Cost | $1,667 to $4,267 | $11,167 to $35,267+ |
| Typical Timeline | 4 to 6 months (after 1-year separation) | 12 to 24 months (after 1-year separation) |
New Brunswick lawyer fees for family law matters typically range from $250 to $400 per hour. Short marriage divorces without children and with minimal shared assets may qualify for flat-fee uncontested divorce services offered by many New Brunswick law firms at $1,500 to $2,500.
Fee waiver eligibility: New Brunswick residents on social assistance under the Family Income Security Act or represented by Legal Aid New Brunswick are exempt from the $110 filing fee under Rules of Court, Rule 72.24(2). Legal Aid New Brunswick provides family law services to eligible low-income residents. The income threshold for a single person is approximately $19,200 per year.
Protecting Your Interests in a Short Marriage Divorce
Divorcing after a short marriage in New Brunswick requires strategic attention to three areas: preserving pre-marriage assets, limiting spousal support exposure, and documenting the brief duration of cohabitation. The short duration of the marriage works in your favor for property division and spousal support, but only if properly raised before the court.
Key steps to protect your interests include:
- Document all assets owned before the marriage with bank statements, property records, and investment account statements dated before the wedding
- Calculate the net increase in marital property during the marriage, which is typically the only amount subject to equal division in a short marriage
- Prepare a financial statement showing each spouse's contributions during the brief cohabitation period
- Gather evidence of any pre-marriage debts brought into the marriage by either spouse
- If seeking unequal division under Marital Property Act, s. 7, prepare arguments showing that equal division would be inequitable given the short duration
- Consider a separation agreement to resolve all issues without court intervention, which reduces costs from an average of $15,000 to $2,500 for a short marriage
New Brunswick courts will not consider marital misconduct (such as infidelity or irreconcilable differences) when dividing property or determining spousal support. Under Divorce Act, s. 15.2(5), the court "shall not take into consideration any misconduct of a spouse in relation to the marriage" when making a spousal support order.
Frequently Asked Questions
Can I get a divorce in New Brunswick if I was married for less than a year?
Yes, New Brunswick has no minimum marriage duration requirement for divorce. A couple married for even 1 day can file under the Divorce Act, R.S.C. 1985, c. 3. However, the 1-year separation period still applies for no-fault divorce, meaning the total process takes a minimum of 16 to 18 months from separation to final judgment.
Does a short marriage mean I will not have to pay spousal support?
Short marriage duration significantly reduces but does not eliminate spousal support. Under the Spousal Support Advisory Guidelines, a 1-year marriage with a $50,000 income gap produces support of $63 to $83 per month for 6 to 12 months. Courts expect self-sufficiency after short marriages without children.
How is property divided after a short marriage in New Brunswick?
The Marital Property Act, R.S.N.B. 2012, c. 107, s. 7 allows courts to order unequal property division when cohabitation was of short duration. Pre-marriage assets are generally excluded, and only the net increase in marital property during the marriage is typically subject to division.
Can I get an annulment instead of a divorce for a quick marriage in New Brunswick?
Annulment requires proof that the marriage was legally defective from the outset, such as bigamy, lack of capacity, fraud, or duress. Regretting a quick marriage does not qualify. The annulment process is often more expensive and time-consuming than an uncontested divorce costing $110 in filing fees.
What is the fastest way to get divorced after a short marriage in New Brunswick?
Fault-based grounds (adultery or cruelty) eliminate the 1-year separation requirement and can produce a final judgment in 4 to 6 months. For no-fault divorce, an uncontested petition after the separation period typically takes 16 to 18 months total from separation to final judgment.
Do I need a lawyer for a short marriage divorce in New Brunswick?
No, New Brunswick does not require legal representation. Self-represented litigants can file for $110 in court fees. Short marriage divorces without children and with minimal assets are ideal for self-representation or flat-fee uncontested divorce services costing $1,500 to $2,500.
How does the length of cohabitation before marriage affect a short marriage divorce?
Courts count pre-marriage cohabitation as part of the total relationship duration for spousal support. A couple who lived together 3 years before a 1-year marriage is treated as a 4-year relationship under the Spousal Support Advisory Guidelines, substantially increasing support amounts and duration.
What happens to wedding gifts and engagement rings in a short marriage divorce?
Under the Marital Property Act, s. 1(1), gifts from third parties are excluded from marital property and remain with the recipient. Engagement rings are pre-marriage property not subject to division. Joint wedding gifts may be family assets, but courts can exclude them given short cohabitation duration.
Can my spouse claim half my house if we were only married for 1 year?
The matrimonial home is a family asset regardless of pre-marriage ownership, but Marital Property Act, s. 4(4) allows courts to exclude it from division when inclusion would be unfair given short cohabitation. A spouse who owned the home for 10 years before a 1-year marriage has strong grounds for exclusion.
Is there a waiting period before I can remarry after a short marriage divorce in New Brunswick?
The divorce judgment becomes effective 31 days after the court issues it under Divorce Act, s. 12(1). Either spouse may remarry immediately after this 31-day appeal period expires. The Certificate of Divorce (Form 72O, $7 fee) serves as proof of legal dissolution. No additional waiting period applies.