Organizing your financial documents is the single most important preparation step in a New Brunswick divorce. Both spouses must file a sworn Financial Statement (Form 72J) under section 12 of the Marital Property Act, plus three years of Notices of Assessment. Complete disclosure is mandatory, immediate, and ongoing — incomplete records can void settlements and trigger court sanctions.
The filing fee to start a divorce in New Brunswick is $110 (a $100 petition fee plus a $10 Clearance Certificate fee), with an additional $7 for the Certificate of Divorce after judgment. Property division between married spouses follows a 50/50 equal-division presumption under the Marital Property Act, RSNB 2012, c 107. Gathering financial documents divorce New Brunswick filers need before they begin saves months of delay and thousands of dollars in legal fees.
Key Facts: New Brunswick Divorce at a Glance
| Fact | Detail |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 Clearance Certificate); $7 Certificate of Divorce after judgment |
| Waiting Period | 1-year separation required before a divorce is granted (petition may be filed earlier) |
| Residency Requirement | One spouse ordinarily resident in New Brunswick for 1 year before filing (Divorce Act, s. 3(1)) |
| Grounds | Breakdown of marriage: 1-year separation, adultery, or cruelty (Divorce Act, s. 8) |
| Property Division Type | Equal (50/50) division of marital property under the Marital Property Act, RSNB 2012, c 107 |
| Mandatory Disclosure Form | Financial Statement, Form 72J, sworn before a Commissioner of Oaths |
| Court | Court of King's Bench, Family Division (8 judicial districts) |
Fees are accurate as of March 2026. Verify with your local Court of King's Bench, Family Division clerk before filing.
Why Financial Disclosure Is Mandatory in New Brunswick
Financial disclosure is a legal obligation, not an optional courtesy, in every New Brunswick divorce involving support or property claims. Under section 12 of the Marital Property Act § 12, each spouse must file and serve a sworn Financial Statement (Form 72J) disclosing all property, debts, income, and expenses. The Supreme Court of Canada called timely disclosure "the linchpin of a just and effective family law system" in Colucci v. Colucci, 2021 SCC 24.
The duty applies to both spouses and cannot be avoided by declining to participate. Under Rule 72.12 of the New Brunswick Rules of Court, a respondent must file a Financial Statement whether or not they wish to contest the claims, if the petition includes support or property division. This means even a spouse who agrees to everything must still disclose. The obligation is also continuing — when your income, assets, or debts change materially, you must proactively update the other party. Courts treat this as the most basic obligation in family law, and failure to comply can lead to cost awards, adverse inferences about hidden assets, and settlements being set aside years later.
The Master Financial Documents Checklist
A complete divorce paperwork checklist for New Brunswick should cover five document categories: income records, asset records, debt records, expense records, and property valuations. At minimum, you need three years of income tax Notices of Assessment, current pay stubs, all bank and investment statements, and a list of every debt with balances. Gathering these financial records divorce preparation requires upfront prevents the most common cause of delay: incomplete Form 72J filings.
Use this divorce paperwork checklist to organize the documents needed for divorce in New Brunswick. Work through each category systematically and keep both digital scans and physical copies:
- Income tax returns and Notices of Assessment for the last 3 tax years (required by the Federal Child Support Guidelines)
- Recent pay stubs covering at least the last 3 months, plus your most recent T4, T4A, or T5 slips
- All chequing, savings, and joint bank account statements (last 12 months)
- Investment, RRSP, TFSA, and non-registered account statements
- Pension plan statements and any pension valuations
- Real estate documents: deeds, mortgage statements, property tax bills, recent appraisals
- Vehicle ownership and loan documents
- Business financial statements, corporate tax returns, and shareholder records (if self-employed)
- Credit card statements, lines of credit, and loan agreements showing balances
- Monthly household expense records and budgets
What Goes Into Form 72J (Financial Statement)
Form 72J is the sworn Financial Statement that drives every support and property decision in a New Brunswick divorce. The form requires detailed disclosure of real estate, vehicles, bank accounts, investments, retirement accounts, pensions, business interests, personal property, and all debts and liabilities. You must swear to its truthfulness before a Commissioner of Oaths, making any false statement a serious legal matter.
Form 72J is structured into distinct sections, and each requires supporting documents. The income section asks for your annual income from all sources and must be backed by your three most recent Notices of Assessment. The assets section lists everything you own — real property at fair market value, vehicles, account balances on a specific valuation date, and pension entitlements. The debts section captures every liability with the creditor name and current balance. The expenses section details your monthly budget so the court can assess support needs. Under Marital Property Act § 13, if public disclosure of this information would cause hardship, the court may order the statement treated as confidential and kept off the public record. The form must be filed and served on your spouse along with your petition or answer when support or property is in issue.
Three Years of Tax Returns: Why They Matter Most
Three years of income tax records form the backbone of every financial disclosure in a New Brunswick support case. The Federal Child Support Guidelines require any spouse paying or claiming support to attach copies of all Notices of Assessment and Reassessment for the last three tax years. These documents establish your verified annual income, which directly determines the table amount of child support owed under the Guidelines.
Tax records carry extra weight because the Canada Revenue Agency, not the filer, certifies the income figures. A Notice of Assessment confirms the income CRA accepted after processing your return, making it far harder to dispute than a self-reported figure. If you are self-employed or earn variable income, the court will scrutinize three years of returns to calculate an average and to identify deductions added back for support purposes. If you cannot locate your Notices of Assessment, you can order them free through CRA's My Account portal or by calling CRA directly. Gathering evidence divorce filers need to prove income — including T4 slips, T1 General returns, and business statements — should begin the moment you decide to separate, because retrieving older records can take several weeks.
How to Organize and Store Your Documents
A structured filing system turns a chaotic pile of paperwork into a court-ready disclosure package. The most effective method is a five-folder system organized by category — income, assets, debts, expenses, and valuations — with each document scanned to PDF and labeled by date. Courts and lawyers in New Brunswick increasingly accept digital records, so maintaining searchable scans alongside originals dramatically speeds up Form 72J completion.
Start by creating both a physical binder and a secure digital folder, then mirror the structure in each. Within every category, sort documents in reverse chronological order so the most recent statement sits on top. Name digital files consistently — for example, "Bank-RBC-Chequing-2025-12.pdf" — so any document can be located in seconds during negotiations. Keep a master index spreadsheet listing every document, its date, and where the original is stored. Back up your digital folder to an encrypted drive or password-protected cloud account that your spouse cannot access, since disclosure is provided through the formal court process, not informal sharing. If you suspect your spouse may attempt to hide or move assets, photograph or copy joint financial records early, while you still have access to shared accounts and statements.
Documents Needed for Property Division
Property division in New Brunswick requires valuation documents for every marital asset and debt as of the separation date. Because marital property is divided 50/50 under Marital Property Act § 2, you must document the fair market value of the home, vehicles, pensions, investments, and business interests, plus the balance of every marital debt. Missing valuations are the leading cause of stalled property settlements.
The Marital Property Act, RSNB 2012, c 107, creates an equal-share presumption: each spouse is entitled to an equal share of the marital property and bears an equal share of the marital debts. To apply this division accurately, you need a precise snapshot of the marital estate. For real estate, obtain a current appraisal or a comparative market analysis plus the outstanding mortgage balance. For pensions, request a formal pension valuation, since pension division often represents the largest asset in a long marriage. For investments and registered accounts, gather statements dated at or near the separation date. New Brunswick imposes a strict 60-day deadline to file a property division application after a divorce becomes final under section 3(2) of the Marital Property Act, so having valuation documents ready before judgment is essential. Excluded property — such as gifts, inheritances, or assets owned before marriage — must also be documented to support any claim that it falls outside the equal-division pool.
Common Disclosure Mistakes and How to Avoid Them
The most damaging financial disclosure mistakes in New Brunswick divorces are incomplete records, undervalued assets, and failing to update changed information. Because disclosure is automatic, immediate, and ongoing, a single omission can void a settlement under family law principles. The Ontario Court of Appeal in Roberts v. Roberts, 2015 ONCA 450, called full disclosure "the most basic obligation in family law," a standard New Brunswick courts apply equally.
The first common error is treating disclosure as a one-time task. If your income rises, you sell an asset, or you take on new debt during the proceeding, you must update your Form 72J — courts can reopen agreements built on stale figures. The second error is underestimating asset values to reduce a spouse's share; this backfires when the other side obtains an independent appraisal and the court draws an adverse inference. The third error is overlooking jointly held or hard-to-value assets such as stock options, frequent flyer points, cryptocurrency, or a spouse's pension. The fourth error is destroying or hiding records, which can result in significant fines and, in extreme cases, contempt findings. To avoid these pitfalls, disclose more rather than less, support every figure with a document, and consult a New Brunswick family lawyer if any asset is complex or contested.
Where to File and Get Help in New Brunswick
Divorce documents in New Brunswick are filed with the Registrar of the Court of King's Bench, Family Division, in the judicial district where either spouse ordinarily resides. The Family Division sits in eight districts — Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. The $110 filing fee is payable by cheque or money order to the Minister of Finance for the Province of New Brunswick.
Fee waivers are available for eligible filers. Under Rule 72.24(2), residents receiving social assistance under the Family Income Security Act or those represented by domestic Legal Aid are exempt from filing fees. Self-represented filers can complete a divorce for the $110 filing fee plus disbursements, dramatically lower than the $1,650 to $16,500 range typical of represented uncontested and contested cases. Free guidance is available through Public Legal Education and Information Service of New Brunswick (PLEIS-NB), which publishes "Doing Your Own Divorce in New Brunswick" and a step-by-step guide to completing Form 72J. The official Court of King's Bench website hosts fillable versions of every required form, including Form 72A (Petition for Divorce), Form 72B (Joint Petition), and Form 72J (Financial Statement). This guide is legal information, not legal advice — consult a licensed New Brunswick family lawyer for guidance on your specific situation.