Getting divorced with children in New Brunswick costs $110 to file, requires that one spouse has lived in the province for 12 months, and begins with joint decision-making responsibility as the legal default. Under the Family Law Act, SNB 2020, c 23, separated parents share parenting time and decision-making unless they agree otherwise or a court orders a different arrangement. The Court of King's Bench, Family Division decides all parenting matters using the best interests of the child standard set out in Family Law Act § 50. Most uncontested divorces with children finalize within 4 to 8 weeks after filing, while contested parenting disputes can take 12 to 24 months.
Key Facts: Divorce With Children in New Brunswick
| Factor | New Brunswick Detail |
|---|---|
| Filing fee | $110 total ($100 petition + $10 Clearance Certificate) |
| Waiting period | 31 days after divorce judgment before it takes effect |
| Residency requirement | 12 months in New Brunswick before filing |
| Grounds for divorce | Marriage breakdown: 1-year separation, adultery, or cruelty |
| Property division type | Equal division of marital property (Marital Property Act) |
| Governing parenting law | Family Law Act, SNB 2020, c 23 + Divorce Act, R.S.C. 1985, c. 3 |
| Parenting default | Joint decision-making responsibility and shared parenting time |
| Child support framework | Federal Child Support Guidelines (NB Reg 2021-19) |
| Age of majority | 19 years |
| Court | Court of King's Bench, Family Division (8 judicial districts) |
Fees are accurate as of June 2026. Verify with your local Registrar of the Court of King's Bench, Family Division.
How Does Divorce With Children Work in New Brunswick?
Divorce with children in New Brunswick operates under two laws working together: the federal Divorce Act, R.S.C. 1985, c. 3 governs the divorce itself, while the provincial Family Law Act, SNB 2020, c 23 governs parenting arrangements, child support, and decision-making. One spouse must have ordinarily resided in New Brunswick for at least one year before filing under Divorce Act § 3. The Court of King's Bench, Family Division handles every parenting and divorce matter at the same superior court level.
New Brunswick uses a unified family court system, meaning your divorce, parenting arrangements, child support, and property division can all be heard by the same court in the same proceeding. The province operates eight judicial districts, and you must file in the district where you, your spouse, or your children ordinarily reside. The 2020 Family Law Act modernized the older custody and access terminology, replacing it with parenting time, decision-making responsibility, parenting orders, and contact orders to align provincial law with the 2021 Divorce Act reforms.
What Is the Filing Fee for Divorce With Children in New Brunswick?
The filing fee for divorce in New Brunswick is $110 total: $100 for the Petition for Divorce plus $10 for the mandatory Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, under Rules of Court, Rule 72.24. After your divorce judgment takes effect, you can apply for a Certificate of Divorce (Form 72O) for an additional $7, which serves as official proof your marriage was dissolved.
You file a Petition for Divorce (Form 72A) or a Joint Petition for Divorce (Form 72B) with the Registrar of the Court of King's Bench, Family Division. Cheques and money orders are payable to the Minister of Finance for the Province of New Brunswick. Fee waivers exist for limited circumstances: New Brunswick residents receiving social assistance under the Family Income Security Act or those represented by Legal Aid are exempt from filing fees under Rule 72.24(2). A solicitor can also file a Certificate of Solicitor (Form 72FF) certifying that the fee would impose financial hardship. These fees are accurate as of June 2026. Verify the current amounts with your local clerk before filing.
What Are the Default Parenting Arrangements in New Brunswick?
Under the Family Law Act, SNB 2020, c 23, joint decision-making responsibility and shared parenting time are the legal starting point when parents separate. Both parents automatically share the responsibility for significant decisions about a child's well-being and share parenting time, unless they agree to a different arrangement in writing or a court orders otherwise. Neither parent has automatic final say by law.
Decision-making responsibility means the responsibility for making significant decisions about a child's well-being, including health, education, extracurricular activities, and religion. Parents are expected to consult and agree on these significant matters. This responsibility can be allocated flexibly under the Act: it can be shared jointly, divided by category, or assigned entirely to one parent depending on what serves the child. Parenting time refers to the period a child is in the care of a particular parent. If parents agree on their arrangement, they do not need to go to court at all; a valid written agreement is sufficient. If parents cannot agree on decision-making responsibility or parenting time, either parent can apply to the Court of King's Bench for a parenting order under the Family Law Act.
How Do New Brunswick Courts Decide Parenting Arrangements?
New Brunswick courts decide all parenting arrangements using only the best interests of the child, the mandatory standard under Family Law Act § 50. Section 50(1) directs the Court to consider only the best interests of the child when making a parenting order or contact order, and section 50(2) requires the Court to weigh all factors related to the child's circumstances. There is no presumption favoring either parent based on gender or income.
The best interests analysis considers the child's age and stage of development, the strength and quality of the child's relationship with each parent, the child's existing routine and need for stability, each parent's willingness to support the child's relationship with the other parent, any history of family violence, and the cultural and heritage needs of First Nations children. The 2020 Family Law Act specifically added enhanced criteria addressing family violence and First Nations families. Courts in divorce proceedings apply the parallel best interests test in Divorce Act § 16, which lists similar factors. A judge weighs these factors together rather than treating any single factor as decisive, and the analysis is conducted as of the time of the dispute, not at some fixed earlier date.
How Is Child Support Calculated in a New Brunswick Divorce?
Child support in New Brunswick is calculated using the Federal Child Support Guidelines (SOR/97-175), which New Brunswick adopted through NB Reg 2021-19 effective March 1, 2021. The paying parent's gross annual income and the number of children determine a base monthly table amount. The Federal Child Support Tables for New Brunswick were most recently updated on October 1, 2025, to reflect 2023 tax rules, and the minimum income threshold attracting a support obligation rose from $13,000 to $16,000.
The calculation method depends on how parenting time is divided. In sole or primary parenting arrangements, the parent with less parenting time pays the full table amount based on their income. When children live with each parent between 40% and 60% of the time, this is shared parenting time, and the court uses a set-off: each parent calculates their own table amount and the higher earner pays the difference. Split parenting time, where each parent has at least one child living with them 60% or more of the time, requires separate calculations for each household. Special or extraordinary expenses under Section 7 of the Guidelines — childcare, health insurance premiums, orthodontics, and extracurricular activities — are shared between parents in proportion to their incomes, on top of the table amount. For incomes above $150,000, courts have discretion under Section 4 of the Federal Child Support Guidelines.
When Does Child Support End in New Brunswick?
Child support in New Brunswick generally continues until the child reaches the age of majority, which is 19 years. However, support can extend beyond 19 if the child remains dependent due to full-time post-secondary education, illness, or disability. A 22-year-old enrolled full-time in university, for example, may still qualify for support under the Divorce Act and Family Law Act.
Support does not stop automatically at 19; the paying parent must either reach an agreement with the other parent or apply to the court to vary the order. New Brunswick is launching a child support recalculation service designed to update table amounts administratively as incomes change, reducing the need for repeated court applications. Until an order is formally varied or terminated, the existing support obligation remains legally enforceable. Parents who stop paying without a court order or written agreement risk enforcement action, including wage garnishment and interception of tax refunds through the New Brunswick Family Support Orders Service.
What Is a Parenting Plan in New Brunswick?
A parenting plan in New Brunswick is a written document that sets out parenting time, decision-making responsibility, and child support arrangements for the children. Parents who agree on their arrangement can create a parenting plan without going to court, and the Family Law Act, SNB 2020, c 23 expressly permits this. A complete parenting plan replaces the need for a contested court hearing and gives both parents a clear, enforceable framework.
An effective parenting plan addresses the regular weekly schedule, holiday and vacation rotation, how the children's time is divided during school breaks, and the process for exchanging the children. On decision-making, the plan can specify which significant decisions each parent may make independently and which require joint agreement; for example, parents may agree that day-to-day routine decisions rest with the parent who has the child at the time, while major medical and educational decisions require consultation. The plan should also address communication methods between co-parents, how disputes will be resolved, and procedures for changing the schedule. When a parenting plan is incorporated into a court order, it becomes a parenting order enforceable by the Court of King's Bench. Well-drafted co-parenting plans reduce conflict because both parents understand their roles in advance.
What Are the Relocation Rules for Parents in New Brunswick?
A parent who wants to relocate with a child in New Brunswick must provide written notice at least 60 days before the move under Family Law Act § 60. The notice must state the intended move date, the new address, and contact information. If the relocating parent cannot give 60 days' notice, they must provide reasons in the notice. These rules were added by the 2020 Family Law Act to address the growing frequency of post-divorce moves.
After receiving notice, the other parent with parenting time or decision-making responsibility has 30 days to object by filing a court application. If no objection is filed within 30 days and no order prohibits the move, the relocation may proceed. If the other parent objects, the court decides whether to authorize the relocation using the best interests of the child standard. A separate notice rule under Family Law Act § 66 applies to a person who only has contact with the child under a contact order; that person must give 60 days' notice if the move is likely to significantly affect the child's relationship with them. When a court authorizes a relocation, it may apportion the costs of exercising parenting time between the relocating and non-relocating parents, recognizing that distance increases travel expenses for co-parenting.
How Long Does Divorce With Children Take in New Brunswick?
An uncontested divorce with children in New Brunswick typically finalizes within 4 to 8 weeks after filing, while contested parenting disputes can take 12 to 24 months. If you file on the ground of one-year separation, the court cannot grant the divorce until the full separation year has passed, even though you may file the petition before the year ends. Fault-based grounds — adultery or cruelty — do not require the one-year wait but demand proof.
The timeline depends heavily on whether parents agree on parenting time, decision-making responsibility, and child support. Couples who file a Joint Petition for Divorce (Form 72B) with a complete parenting plan move through the process fastest. Once the court grants the divorce, the judgment does not take effect for 31 days, allowing time for any appeal; only after this period can either spouse remarry. Contested cases involving disputed parenting arrangements, family violence allegations, or relocation requests require case conferences, possible assessments, and sometimes a full trial, all of which extend the timeline substantially. Engaging in mediation or collaborative family law early often shortens the overall process and reduces both cost and conflict for the children.