In New Brunswick, you can legally remarry 31 days after your divorce judgment is granted, once the mandatory appeal period under Divorce Act, R.S.C. 1985, c. 3, s. 12(1) has elapsed. The process requires obtaining a Certificate of Divorce ($7 fee) from the Court of King's Bench and a new marriage licence ($115) from Service New Brunswick. There is no additional waiting period between your divorce becoming final and applying for a marriage licence, making New Brunswick one of the more straightforward Canadian provinces for remarriage after divorce.
Key Facts: Remarriage After Divorce in New Brunswick
| Requirement | Details |
|---|---|
| Mandatory Appeal Period | 31 days after divorce judgment |
| Certificate of Divorce Fee | $7 |
| Marriage Licence Fee | $115 |
| Marriage Licence Validity | 90 days from issue date |
| Residency Required | No |
| In-Person Application | Yes, both parties required |
| Foreign Divorce | Certified original or translation required |
| Processing Time | Certificate: 2-3 weeks; Licence: Same day |
How Soon Can You Remarry After Divorce in New Brunswick?
New Brunswick residents can remarry exactly 31 days after the court grants their divorce judgment, as mandated by Section 12(1) of the federal Divorce Act. This 31-day appeal period applies uniformly across all Canadian provinces and territories, regardless of whether the divorce was contested or uncontested. The divorce takes effect automatically on day 31 unless either spouse files an appeal.
The timeline for remarriage after divorce in New Brunswick follows this structure:
- Day 0: Court grants divorce judgment
- Days 1-30: Mandatory appeal period (no legal action required)
- Day 31: Divorce becomes legally final
- Day 31+: Apply for Certificate of Divorce ($7)
- Certificate processing: 2-3 weeks
- Marriage licence application: Same-day issuance
- Marriage licence valid: 90 days from issue
Under Section 12(2) of the Divorce Act, courts may shorten the 31-day period only in exceptional circumstances, such as terminal illness of one spouse. A pending remarriage is not considered sufficient grounds for waiving the appeal period. Both spouses must sign an Agreement Not to Appeal (Form 72L) and demonstrate compelling special circumstances for the court to consider expediting the process.
Obtaining Your Certificate of Divorce
The Certificate of Divorce is the essential legal document proving your marriage has been dissolved, and you cannot legally remarry without it. Under Rule 72.24 of the New Brunswick Rules of Court, the Court of King's Bench issues this certificate for a fee of $7 after the divorce judgment becomes effective. This document differs from the Divorce Judgment itself and specifically certifies your legal eligibility to remarry.
New Brunswick residents can obtain their Certificate of Divorce through three methods:
- Office of the Registrar in Fredericton (in-person)
- Any Service New Brunswick location (in-person)
- Service New Brunswick website (online application)
Processing time for the Certificate of Divorce typically takes 2-3 weeks after submission. The certificate contains the effective date of your divorce, which is 31 days after the judgment date unless the court ordered an earlier effective date under special circumstances.
Fee waivers for the $7 Certificate of Divorce are available under Rule 72.24(2) for individuals receiving assistance under the Family Income Security Act, those whose legal services are provided through Legal Aid New Brunswick, or parties for whom payment would impose financial hardship as certified by a solicitor.
Applying for a New Marriage Licence in New Brunswick
New Brunswick requires divorced persons to present specific documentation when applying for a marriage licence. Under Section 17 of the Marriage Act, RSNB 2011, c. 188, applicants must provide original or court-certified proof of divorce. The marriage licence fee is $115, payable at the time of application, and the licence remains valid for 90 days from the date of issue.
Both you and your future spouse must appear in person at a Service New Brunswick location for separate interviews with the Issuer of Marriage Licences. Online or proxy applications are not permitted. The application process typically results in same-day licence issuance once all documentation requirements are satisfied.
Required Documents for Divorced Applicants
| Document Type | Requirement |
|---|---|
| Certificate of Divorce | Original or court-certified copy |
| Identification | Birth certificate, passport, or citizenship card |
| Age Verification | Same document as identification |
| Interview | Separate interviews for both applicants |
| Payment | $115 (non-refundable) |
Documents titled "Divorce Order," "Divorce Judgment," "Decree Nisi," or "Conditional Judgment" are not acceptable as proof of divorce for marriage licence purposes. Only the final Certificate of Divorce or Decree Absolute satisfies the statutory requirement. Service New Brunswick requires original documents or copies bearing the official stamp, seal, or signature of the court that granted the divorce.
Foreign Divorce Recognition in New Brunswick
New Brunswick generally recognizes foreign divorces for remarriage purposes, provided applicants submit proper documentation. Unlike Ontario, which requires a specific opinion letter from a lawyer before the Registrar General authorizes marriage licences for those with foreign divorces, New Brunswick focuses on documentary compliance with the Marriage Act, RSNB 2011, c. 188.
Applicants divorced outside Canada must provide:
- Original or court-certified copy of the final divorce decree
- Official translation into English or French if the original is in another language
- Certification that the translation is accurate and complete
- Documents bearing official stamps, seals, or signatures from the issuing jurisdiction
Uncertified photocopies are not accepted under any circumstances. The translation must be satisfactory to the Registrar under Section 17 of the Marriage Act, which typically means a certified translation by an accredited translator. Religious annulments do not satisfy the divorce requirement; only civil annulments with court certification are acceptable.
Foreign divorce recognition can take longer to process than domestic divorces. Applicants should allow additional time for document verification, particularly for divorces from jurisdictions with legal systems significantly different from Canadian common law.
Common Obstacles to Remarriage After Divorce
Several issues can delay remarriage after divorce in New Brunswick. Understanding these potential obstacles allows couples to plan appropriately and avoid unnecessary delays in their wedding timeline.
Missing or Incomplete Divorce Documentation
The most common obstacle involves inadequate proof of divorce. Approximately 15-20% of remarriage applications initially fail due to documentation issues. Applicants must verify they possess the Certificate of Divorce (not just the Divorce Judgment) before applying for a marriage licence. The $7 certificate fee and 2-3 week processing time can catch applicants off guard if not planned for in advance.
Pending Appeals
If either spouse files an appeal during the 31-day period, the divorce does not take effect until all appeals are resolved. Under Section 12(3) of the Divorce Act, an appealed divorce takes effect only after the time for further appeals expires without additional appeals being filed. This can extend the wait for remarriage by months or even years in complex cases.
Corollary Relief Orders
Divorce judgments often include corollary relief provisions addressing parenting arrangements, child support, or spousal support. While these orders do not prevent remarriage, unresolved disputes over these matters can create practical complications. New Brunswick courts may include conditions in divorce orders that require compliance before certain documentation is released.
Previous Marriage Not Legally Dissolved
Attempting to marry while a previous marriage remains legally valid constitutes bigamy under Section 290 of the Criminal Code of Canada. This criminal offence carries a maximum sentence of five years imprisonment. Individuals uncertain about their marital status should obtain a search of marriage records from their province of marriage before proceeding with remarriage applications.
Financial Considerations for Remarriage
Remarriage after divorce in New Brunswick involves specific costs that couples should budget for when planning their timeline. The total mandatory fees for remarriage range from $122 to $232 depending on individual circumstances.
Mandatory Costs
| Item | Cost |
|---|---|
| Certificate of Divorce | $7 |
| Marriage Licence | $115 |
| Marriage Certificate (optional) | $35-50 |
| Translation Services (if needed) | $50-200+ |
| Minimum Total | $122 |
The divorce process itself in New Brunswick costs $110 in court filing fees, which includes $100 for the petition and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings. This is separate from and precedes the remarriage costs.
Fee Waiver Eligibility
New Brunswick provides fee waivers for court-related costs under Rule 72.24(2). Automatic fee exemption applies to:
- Recipients of assistance under the Family Income Security Act
- Individuals whose legal services are provided through Legal Aid New Brunswick
- Parties certified by a solicitor as facing financial hardship
The marriage licence fee ($115) is not subject to waiver as it is an administrative fee rather than a court cost. Couples facing financial constraints should factor this non-waivable expense into their planning.
Impact on Existing Parenting Arrangements and Support Orders
Remarriage does not automatically modify existing parenting arrangements or support obligations established during divorce. Under Section 17 of the Divorce Act, either party may apply to vary orders when a change in circumstances occurs, but remarriage alone may not constitute sufficient grounds for modification.
Parenting Arrangements
New Brunswick courts use the best interests of the child standard when assessing any proposed changes to parenting arrangements. The introduction of a stepparent into a household may be considered as one factor among many, but courts focus primarily on how changes affect the child's stability, relationships, and developmental needs. Existing parenting orders remain fully enforceable regardless of either parent's remarriage.
Child Support
Remarriage of the paying parent does not reduce child support obligations. The Federal Child Support Guidelines base support calculations on the paying parent's income, not household income. However, if the remarriage results in additional biological or adopted children, this may be considered when assessing ability to pay under Section 10 of the Guidelines.
Remarriage of the receiving parent also does not automatically terminate or reduce child support. The new spouse's income is not attributed to the child for support calculation purposes. Only a material change in circumstances directly affecting the child's needs or the paying parent's ability to pay may warrant a variation application.
Spousal Support
Unlike child support, spousal support may be affected by remarriage of the recipient. Under Section 17(7) of the Divorce Act, courts consider whether the recipient spouse has achieved economic self-sufficiency. Remarriage to a financially stable partner may provide evidence of changed circumstances supporting a variation or termination of spousal support. However, this is not automatic; a formal application and court order are required.
Prenuptial Agreements for Second Marriages
New Brunswick recognizes domestic contracts, including marriage contracts (prenuptial agreements), under Section 41 of the Family Services Act. Given the financial complexities often present in second marriages, approximately 40% of remarrying couples in Canada choose to execute prenuptial agreements compared to only 10-15% of first marriages.
Key considerations for prenuptial agreements in New Brunswick second marriages include:
- Disclosure of all assets and liabilities from prior relationships
- Protection of inheritances intended for children from prior marriages
- Treatment of property acquired during the first marriage
- Business interests established before remarriage
- Pension and retirement benefits accumulated during prior marriages
Prenuptial agreements must be in writing, signed by both parties, and witnessed. While independent legal advice is not strictly required under New Brunswick law, courts give significantly more weight to agreements where both parties obtained independent counsel. Agreements that significantly disadvantage one party or were signed under pressure may be set aside by the court.
Timeline: From Divorce Judgment to Wedding Day
The minimum timeline from divorce judgment to remarriage in New Brunswick is approximately 5-6 weeks, assuming no complications. This timeline allows for the mandatory 31-day appeal period, Certificate of Divorce processing, and marriage licence application.
Optimized Remarriage Timeline
| Week | Action | Cost |
|---|---|---|
| Week 1-4 | Appeal period (automatic, no action required) | $0 |
| Week 4 | Apply for Certificate of Divorce | $7 |
| Week 5-6 | Certificate processing | $0 |
| Week 6 | Apply for marriage licence | $115 |
| Week 6 | Marriage licence issued (same day) | $0 |
| Week 6-18 | Valid period for ceremony | $0 |
| Total | Minimum 5-6 weeks | $122 |
Couples planning destination weddings or events with fixed dates should add buffer time for unexpected documentation delays. The 90-day validity period for New Brunswick marriage licences provides flexibility for scheduling the ceremony after all legal requirements are met.
Special Circumstances Affecting Remarriage
Waiving the 31-Day Appeal Period
Under Section 12(2) of the Divorce Act, courts may allow a divorce to take effect earlier than day 31 only when special circumstances exist and both spouses agree in writing not to appeal. Terminal illness is the most commonly accepted special circumstance. Courts have consistently held that a pending remarriage, even with significant wedding expenses already incurred, does not constitute special circumstances warranting early effectiveness.
To request early effectiveness, both parties must:
- File Form 72L (Agreement Not to Appeal)
- Provide evidence of special circumstances
- Obtain court approval before the standard effective date
Divorced More Than Once
Individuals with multiple prior marriages must provide Certificates of Divorce for each dissolved marriage when applying for a new marriage licence. Service New Brunswick requires documentation proving legal dissolution of all prior marriages before issuing a new licence. The cumulative documentation requirements can extend processing time significantly.
Common-Law Relationships After Divorce
New Brunswick recognizes common-law relationships for various legal purposes under the Marital Property Act. Entering a common-law relationship does not require the same documentation as remarriage. However, the division of property accumulated during common-law relationships may be treated differently than marital property, making formal marriage preferable for some couples seeking legal clarity.
Frequently Asked Questions
How long after my divorce can I remarry in New Brunswick?
You can legally remarry in New Brunswick 31 days after the court grants your divorce judgment. This mandatory appeal period under Section 12(1) of the Divorce Act applies to all Canadian divorces regardless of whether contested or uncontested. After day 31, you must obtain your Certificate of Divorce ($7, 2-3 weeks processing) before applying for a marriage licence.
What documents do I need to remarry after divorce in New Brunswick?
New Brunswick requires a Certificate of Divorce (not the Divorce Judgment), valid government-issued identification such as a passport or birth certificate, and $115 for the marriage licence fee. The Certificate of Divorce must be an original or court-certified copy bearing official stamps or seals. Both you and your future spouse must appear in person at Service New Brunswick for separate interviews.
How much does it cost to remarry after divorce in New Brunswick?
The minimum cost for remarriage after divorce in New Brunswick is $122, consisting of a $7 Certificate of Divorce fee and $115 marriage licence fee. If your divorce documents require translation, add $50-200 for certified translation services. Fee waivers are available for the Certificate of Divorce for recipients of social assistance or Legal Aid clients, but the marriage licence fee cannot be waived.
Can I remarry before the 31-day appeal period ends?
No, remarriage before the 31-day appeal period ends would be legally void and could constitute bigamy under Section 290 of the Criminal Code. The divorce does not take legal effect until day 31 after judgment. Courts may shorten this period only for exceptional circumstances like terminal illness; a pending wedding is not considered sufficient grounds.
Is there a waiting period for the marriage licence in New Brunswick?
New Brunswick has no waiting period between applying for and receiving a marriage licence according to official Service New Brunswick policy. As long as your application is complete with proper documentation, the licence is issued the same day. The marriage licence remains valid for 90 days from the issue date, giving couples flexibility in scheduling their ceremony.
Will my foreign divorce be recognized for remarriage in New Brunswick?
New Brunswick generally recognizes foreign divorces for remarriage purposes provided you submit proper documentation. You must present an original or court-certified copy of your final divorce decree with certified English or French translation if needed. Unlike some provinces, New Brunswick does not require a lawyer's opinion letter for foreign divorces, but all documents must bear official stamps or seals from the issuing jurisdiction.
Does remarriage affect my child support or parenting arrangements?
Remarriage does not automatically change existing parenting arrangements or child support obligations in New Brunswick. Under the Federal Child Support Guidelines, support is based on the paying parent's income, not household income. Either party may apply to vary orders if remarriage creates a material change in circumstances, but this requires a formal court application rather than automatic adjustment.
Can my ex-spouse stop me from remarrying?
Your ex-spouse cannot legally prevent your remarriage after the divorce is final. The only way an ex-spouse could delay remarriage is by filing an appeal during the 31-day appeal period, which would suspend the divorce's effectiveness until the appeal is resolved. Once the divorce takes legal effect and you obtain your Certificate of Divorce, no one can prevent your remarriage.
What happens if I lose my Certificate of Divorce?
You can obtain a replacement Certificate of Divorce through Service New Brunswick or the Court of King's Bench for a $7 fee. Processing takes 2-3 weeks. Many couples obtain multiple certified copies of their Certificate of Divorce to avoid delays if the original is lost. The court maintains permanent records of all divorces granted in New Brunswick.
Should I get a prenuptial agreement before remarrying?
Prenuptial agreements are strongly recommended for second marriages in New Brunswick, particularly when either party has children from prior relationships, significant assets, or business interests. Approximately 40% of remarrying couples in Canada execute prenuptial agreements compared to 10-15% of first marriages. New Brunswick courts recognize these agreements under Section 41 of the Family Services Act when properly executed with full financial disclosure.