Filing for divorce in New Brunswick costs $110 total and requires at least one spouse to have lived in the province for a minimum of one year before filing. New Brunswick follows the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), which governs divorce proceedings across Canada. Under the Marital Property Act, RSNB 2012, c. 107, marital property is divided equally (50/50) between spouses unless equal division would be inequitable. The Court of King's Bench, Family Division handles all divorce proceedings across New Brunswick's eight judicial districts, with uncontested divorces typically finalized within 4 to 8 weeks after filing.
Key Facts: New Brunswick Divorce at a Glance
| Requirement | Details |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 Clearance Certificate) |
| Waiting Period | No mandatory waiting period after filing; 31-day appeal period before divorce takes effect |
| Residency Requirement | One spouse must reside in New Brunswick for at least 1 year before filing |
| Grounds for Divorce | Separation (1 year), adultery, or cruelty |
| Property Division | Equal division (50/50) under Marital Property Act |
| Court | Court of King's Bench, Family Division |
| Uncontested Timeline | 4 to 8 weeks after filing |
| Contested Timeline | 6 to 24 months or longer |
Residency Requirements for Divorce in New Brunswick
Under section 3(1) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), at least one spouse must have ordinarily resided in New Brunswick for a minimum of one year immediately before filing the divorce petition. This residency requirement applies regardless of where the marriage took place, meaning couples married in other provinces or countries may still divorce in New Brunswick if one spouse satisfies the 12-month residence threshold.
New Brunswick courts verify residency through documentation such as a valid New Brunswick driver's license, provincial health card, or utility bills showing your address. If formal identification is unavailable, a witness such as a neighbor, employer, or colleague can provide testimony confirming your residence in the province for at least one year. Canadian citizenship is not required to file for divorce in New Brunswick. Any legally married couple where one spouse meets the residency requirement can initiate divorce proceedings, regardless of immigration status or country of origin.
The jurisdiction where you file depends on the location of the petitioning spouse's residence. If children are involved in the divorce, the federal Divorce Act requires that you file in the province where the children ordinarily reside. This provision ensures that the court most familiar with the children's circumstances handles parenting arrangements, decision-making responsibility, and child support matters.
Grounds for Divorce Under Canadian Law
Canadian law recognizes three grounds for divorce under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8, and New Brunswick courts apply these federal standards in all divorce proceedings. The overwhelming majority of divorces in Canada, approximately 95%, proceed on the no-fault ground of one-year separation because proving adultery or cruelty requires additional evidence and court time.
Separation for One Year
Under section 8(2)(a) of the Divorce Act, spouses who have lived separate and apart for at least one year demonstrate marriage breakdown. Living separate and apart means that the spouses have ceased cohabiting with the intent that the marriage is over. Importantly, spouses can live under the same roof and still be considered separate and apart if they no longer share a bed, meals, social activities, or household duties as a married couple.
You can file the divorce petition before the one-year separation period ends, but the court cannot grant the divorce judgment until the full 12 months have passed. This procedural allowance enables couples to begin paperwork early, potentially receiving their divorce judgment shortly after the separation anniversary.
Adultery
Under section 8(2)(b)(i) of the Divorce Act, a spouse can file for divorce based on the other spouse's adultery. The petitioning spouse must prove the adultery occurred, typically through confession, witness testimony, or documentary evidence such as photographs or messages. You cannot rely on your own adultery as grounds for divorce.
Cruelty
Under section 8(2)(b)(ii) of the Divorce Act, physical or mental cruelty that renders continued cohabitation intolerable constitutes grounds for divorce. Courts require evidence that the cruelty was of such a kind as to make continued cohabitation impossible. Examples include sustained physical violence, severe emotional abuse, or a pattern of behavior making the marriage unbearable.
How to File for Divorce in New Brunswick: Step-by-Step Process
Filing for divorce in New Brunswick involves submitting specific forms to the Court of King's Bench, Family Division, serving your spouse with the documents, and obtaining a Clearance Certificate from the federal Central Registry of Divorce Proceedings in Ottawa. The entire process for an uncontested divorce typically takes 4 to 8 weeks from initial filing to final judgment.
Step 1: Obtain and Complete the Required Forms
New Brunswick divorce proceedings require Form 72A (Petition for Divorce) for individual petitions or Form 72B (Joint Petition for Divorce) when both spouses file together. These forms are available from the Court of King's Bench registry offices or online through the New Brunswick government website. Form 72A requires detailed information including the names and addresses of both spouses, the date and place of marriage, grounds for divorce, information about children of the marriage, and any claims for spousal support, child support, or property division.
If your divorce involves financial matters such as spousal support, child support that differs from the Federal Child Support Guidelines table amounts, or division of marital property, both spouses must complete Form 72J (Financial Statement). This form requires comprehensive disclosure of income, expenses, assets, and debts. Failure to provide accurate financial disclosure can delay proceedings or result in court orders being set aside.
Step 2: File the Petition with the Court
Submit the completed Petition for Divorce to the Registrar of the Court of King's Bench, Family Division, at the judicial district where you or your spouse resides. The filing fee is $110 total, which includes $100 for the petition and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings. Make cheques or money orders payable to the Minister of Finance for the Province of New Brunswick.
New Brunswick residents receiving social assistance under the Family Income Security Act or those represented by 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 legal services are provided without charge and payment would impose financial hardship.
Step 3: Serve Your Spouse
After filing, you must serve the petition on your spouse (the respondent) according to the Rules of Court. Service can be completed by a process server, sheriff, or any adult who is not a party to the divorce. The respondent has 20 days after service within New Brunswick to file an Answer (Form 72D) or 40 days if served outside the province.
You must file an Affidavit of Service (Form 18B) with the court proving that your spouse received the documents. If your spouse cannot be located, you may apply to the court for an order allowing substituted service through alternative means such as publication in a newspaper or service by social media.
Step 4: Obtain the Clearance Certificate
Once the response deadline passes, you must obtain a Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa. This certificate confirms that no other divorce proceeding is pending between the same parties anywhere in Canada. The certificate fee is included in the $110 filing fee. Processing typically takes 2 to 3 weeks.
Step 5: Request the Divorce Judgment
With the Clearance Certificate in hand, file Form 72K (Request for Divorce) along with the certificate, your original marriage certificate, Form 72L (Agreement Not to Appeal), and any required affidavits. If all documents are complete and no Answer has been filed, the Registrar reviews the file and forwards it to a judge for review. In uncontested cases, the judge reviews the documents in chambers without requiring the parties to appear.
Step 6: Divorce Takes Effect
The divorce judgment becomes effective 31 days after it is granted, unless both parties file an Agreement Not to Appeal (Form 72L), which allows the judgment to take effect immediately. After the divorce is effective, you may apply for a Certificate of Divorce (Form 72O) by paying a $7 fee. This certificate serves as official proof of divorce and is required if you wish to remarry.
Uncontested vs. Contested Divorce Timelines
The timeline for your divorce depends primarily on whether your spouse agrees to the terms or contests any aspect of the proceeding. Understanding these timelines helps you plan financially and emotionally for the process ahead.
| Divorce Type | Typical Timeline | Cost Range | Court Appearances |
|---|---|---|---|
| Uncontested (Joint Petition) | 4 to 6 weeks | $110 to $1,500 | Usually none |
| Uncontested (Sole Petition, No Answer) | 6 to 8 weeks | $110 to $2,000 | Usually none |
| Contested (No Trial) | 6 to 12 months | $5,000 to $20,000 | Multiple |
| Contested (Trial Required) | 12 to 24+ months | $20,000 to $100,000+ | Multiple |
Uncontested Divorce Timeline
Uncontested divorces proceed efficiently because both spouses agree on all matters including property division, spousal support, child support, and parenting arrangements. A joint petition (Form 72B) represents the fastest route, as both spouses sign the petition and no service is required. From filing to final judgment, uncontested joint petitions typically conclude in 4 to 6 weeks.
When one spouse files alone (Form 72A) and the other does not file an Answer, the divorce is still considered uncontested. The 20-day (or 40-day if served outside New Brunswick) response period must elapse, after which the petitioner can proceed with the Clearance Certificate and Request for Divorce. This adds approximately 2 to 4 weeks to the timeline.
Contested Divorce Timeline
Contested divorces involve disputes over one or more issues such as parenting arrangements, decision-making responsibility, child support amounts, spousal support, or property division. These cases require additional court appearances including case conferences, settlement conferences, and potentially a trial.
The Case Conference, typically scheduled 4 to 8 weeks after filing, brings both parties before a judge to identify issues, explore settlement, and set procedural deadlines. If issues remain unresolved, a Settlement Conference follows, offering another opportunity for mediated resolution. Cases that cannot settle proceed to trial, which may not be scheduled for 12 to 18 months after filing due to court backlogs.
Property Division Under New Brunswick Law
Under the Marital Property Act, RSNB 2012, c. 107, New Brunswick courts divide marital property equally (50/50) between spouses, recognizing that both child care and financial provision represent joint responsibilities that entitle each spouse to an equal share. This equal division principle applies to the marital home and all property acquired during the marriage.
What Constitutes Marital Property
Marital property includes assets used for family purposes including housing, transportation, household items, educational resources, and recreational or social needs. The marital home receives special treatment under the Act, with each spouse entitled to one-half of the net proceeds from its sale. Debts incurred during the marriage are also divided equally.
Excluded Property
Certain assets fall outside the equal division framework. Business assets are generally exempt from division under the Marital Property Act, although New Brunswick courts have recognized that non-owning spouses who contributed to a business through support or direct effort may still claim a share. Gifts, inheritances, and property owned before the marriage typically remain with the original owner, provided they were kept separate from marital funds.
Unequal Division Exceptions
Despite the presumption of equal division, courts may order unequal shares under section 7 of the Marital Property Act if equal division would be inequitable. Factors justifying unequal division include the duration of the marriage, agreements between the spouses, whether one spouse deliberately depleted assets, or contributions (or lack thereof) to the marriage.
Common-Law Couples
The Marital Property Act applies only to legally married couples. Common-law partners in New Brunswick do not have automatic rights to equal property division and must rely on general legal principles such as unjust enrichment or constructive trust to claim an interest in a partner's property.
Parenting Arrangements and Decision-Making Responsibility
Since March 1, 2021, the amended Divorce Act replaced the terms "custody" and "access" with "parenting time" and "decision-making responsibility." These changes reflect a child-centered approach that focuses on parental duties rather than parental rights.
Parenting Time
Parenting time refers to periods when a child is in the care of a parent. Each parent with parenting time has authority to make day-to-day decisions affecting the child during their time, such as meal choices, bedtime, and daily activities. Courts allocate parenting time based solely on the best interests of the child, considering factors including the child's needs, each parent's ability to meet those needs, and the child's relationships with parents and other family members.
Decision-Making Responsibility
Decision-making responsibility covers significant decisions about a child's well-being in four areas: health, education, culture and religion (including language and spirituality), and significant extracurricular activities. Under the 2021 amendments, decision-making responsibility can be allocated to one parent, shared between both parents, or divided by subject matter. For example, one parent might hold responsibility for educational decisions while both share health-related decisions.
Best Interests of the Child
New Brunswick courts make all parenting determinations based exclusively on the best interests of the child. The Divorce Act lists factors courts must consider, including the child's physical, emotional, and psychological needs; the child's cultural, linguistic, and spiritual heritage; each parent's willingness to support the child's relationship with the other parent; and any history of family violence. There is no presumption of equal parenting time. Each case turns on its specific facts.
Relocation Rules
Parents with parenting time or decision-making responsibility who wish to relocate must provide 60 days written notice to anyone else with parenting time, decision-making responsibility, or contact rights. The notice must include a proposal for modified parenting arrangements after the move. The other parent has 30 days to object. If an objection is filed, the relocating parent bears the burden of proving the move serves the child's best interests, unless the relocating parent has the majority of parenting time, in which case the objecting parent must prove the move is not in the child's best interests.
Child Support in New Brunswick
Child support in New Brunswick follows the Federal Child Support Guidelines, which establish presumptive support amounts based on the paying parent's income and the number of children. These guidelines apply to orders under both the federal Divorce Act and the provincial Family Services Act.
Table Amounts
The Federal Child Support Tables set monthly support amounts based on the paying parent's annual income and the number of children requiring support. For example, a parent earning $60,000 annually with one child would pay approximately $545 per month, while the same income with two children results in approximately $870 per month. These table amounts are updated periodically, with the most recent tables modified on January 8, 2026.
Shared Parenting Time
When each parent has the children for at least 40% of the time (approximately 146 days per year), support is calculated using the set-off approach. Each parent's table amount is calculated based on their respective incomes, and the parent with the higher income pays the difference to the other parent.
Special and Extraordinary Expenses
Beyond table amounts, parents may share special or extraordinary expenses proportionally to their incomes. These expenses include childcare costs required for employment, health insurance premiums, health-related expenses exceeding $100 annually, educational expenses, post-secondary education costs, and significant extracurricular activities. Courts require these expenses to be reasonable and documented.
Spousal Support Under Canadian Guidelines
Spousal support in New Brunswick, while not determined by statute, follows the Spousal Support Advisory Guidelines (SSAG). These guidelines, developed by the Department of Justice Canada, provide formulas for calculating support amounts and duration based on factors including income differences and the length of the marriage.
Without Child Support Formula
When no children require support, the formula calculates spousal support as 1.5% to 2.0% of the gross income difference between spouses, multiplied by the number of years married. This percentage is capped at 37.5% to 50% after 25 years of marriage. Duration ranges from 0.5 to 1.0 years per year of marriage, becoming indefinite after 20 years or when the "Rule of 65" applies (years married plus recipient's age at separation equals 65 or more).
With Child Support Formula
When children are involved, spousal support targets 40% to 46% of combined Individual Net Disposable Income (INDI) for the recipient after accounting for child support obligations. Duration in these cases is often left indefinite at the initial stage, subject to review as circumstances change.
Important Limitations
The SSAG address amount and duration only. Entitlement to spousal support must first be established based on compensatory grounds (sacrifice of career for marriage), non-compensatory grounds (need arising from marriage breakdown), or contractual grounds (existing agreement). While not legislatively binding, over 2,900 Canadian trial decisions cite the SSAG, and New Brunswick courts routinely use these guidelines as a starting point.
Court Locations and Resources
The Court of King's Bench, Family Division operates across New Brunswick's eight judicial districts. You must file in the district where you or your spouse resides, or where your children ordinarily reside if parenting matters are at issue.
| Judicial District | Location | Telephone |
|---|---|---|
| Fredericton (York, Sunbury, Queens) | 427 Queen Street, Fredericton | (506) 453-2015 |
| Moncton | 145 Assumption Blvd., Moncton | (506) 856-2304 |
| Saint John (Charlotte, Kings, Saint John) | 10 Peel Plaza, Saint John | (506) 658-2400 |
| Bathurst (Gloucester) | 254 St. Patrick Street, Bathurst | (506) 547-2152 |
| Campbellton (Restigouche) | 157 Water Street, Suite 202, Campbellton | (506) 789-2364 |
| Edmundston (Madawaska) | 121 rue de l'Église, Edmundston | (506) 735-2029 |
| Miramichi | 673 King George Highway, Miramichi | (506) 627-4020 |
| Woodstock (Carleton, Victoria) | 689 Main Street, Woodstock | (506) 325-4414 |
Self-Help Resources
The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) publishes "Doing Your Own Divorce in New Brunswick," a comprehensive handbook available at provincial libraries or for $10 from PLEIS-NB at (506) 453-5369. Family Law NB (familylawnb.ca) offers free online resources including FAQs, court forms, and procedural guidance.
Frequently Asked Questions
How much does it cost to file for divorce in New Brunswick?
The total filing fee for divorce in New Brunswick is $110, which includes $100 for the petition and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings. A Certificate of Divorce costs an additional $7 after the judgment becomes effective. Fee waivers are available for recipients of social assistance or Legal Aid clients.
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 final judgment. Joint petitions (Form 72B) proceed faster at 4 to 6 weeks since both spouses sign initially. Sole petitions (Form 72A) require serving the respondent and waiting 20 days for an Answer, adding 2 to 4 weeks to the timeline.
Can I file for divorce online in New Brunswick?
New Brunswick does not currently offer fully online divorce filing through the court system. However, you can download all required forms from the Courts of New Brunswick website (courtsnb-coursnb.ca) and complete them electronically before printing and filing in person or by mail. Some private services offer assistance preparing divorce papers for New Brunswick.
What is the residency requirement for divorce in New Brunswick?
Under section 3(1) of the Divorce Act, at least one spouse must have ordinarily resided in New Brunswick for at least one year immediately before filing the divorce petition. You do not need to be a Canadian citizen. Residency can be proven through a New Brunswick driver's license, health card, or witness testimony.
How is property divided in a New Brunswick divorce?
Under the Marital Property Act, RSNB 2012, c. 107, New Brunswick divides marital property equally (50/50) between spouses. Each spouse receives half of the marital home proceeds and half of property acquired during the marriage. Business assets are generally exempt. Courts may order unequal division if equal shares would be inequitable based on factors including marriage duration and spousal contributions.
What are the grounds for divorce in New Brunswick?
New Brunswick recognizes three grounds for divorce under the federal Divorce Act: (1) separation for at least one year, (2) adultery by the other spouse, and (3) physical or mental cruelty. Approximately 95% of Canadian divorces proceed on the no-fault separation ground because it requires no proof of wrongdoing.
How is child support calculated in New Brunswick?
New Brunswick uses the Federal Child Support Guidelines to calculate support. The paying parent's monthly obligation is determined by looking up their annual income and number of children in the guideline tables. For example, $60,000 income with one child equals approximately $545 per month. Shared parenting arrangements (each parent has children 40% or more of time) use a set-off calculation.
What is decision-making responsibility in New Brunswick divorce?
Decision-making responsibility, introduced by the 2021 Divorce Act amendments, refers to authority over significant decisions about a child's health, education, culture and religion, and significant extracurricular activities. It replaces the former concept of "legal custody." Decision-making responsibility can be sole (one parent), shared (both parents jointly), or divided by subject matter.
Can I get a fee waiver for divorce filing in New Brunswick?
Yes, New Brunswick waives filing fees for divorce petitioners who receive social assistance under the Family Income Security Act or who are represented by Legal Aid. Additionally, the Registrar may waive fees when a solicitor certifies that services are provided without charge and payment would cause financial hardship to the petitioner.
How long do I have to be separated before filing for divorce in New Brunswick?
You can file a divorce petition based on separation at any time, but the court cannot grant the divorce judgment until you have been separated for at least one year. Many couples file after several months of separation so that the divorce can be finalized shortly after the one-year anniversary. Separation can occur while living under the same roof if the spouses have ceased functioning as a married couple.