A stipulated divorce in New Brunswick is an uncontested divorce where both spouses agree on every issue—property, support, and parenting—usually through a signed separation agreement. You must be separated one full year under the Divorce Act, meet the one-year residency rule, and pay a $110 filing fee. Most agreed cases finalize in 3 to 6 months.
Key Facts: Stipulated Divorce in New Brunswick (2026)
| Fact | Detail |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 Central Registry clearance); $7 for the Certificate of Divorce |
| Waiting Period | 1 full year of separation before a divorce is granted; 31 days after judgment before it takes effect |
| Residency Requirement | Either spouse ordinarily resident in New Brunswick for 12 months before filing |
| Grounds | Marriage breakdown only—separation (1 year), adultery, or cruelty |
| Property Division Type | Equal (50/50) division of marital property under provincial law |
Fees are current as of August 2026. Verify with your local Court of King's Bench (Family Division) registry before filing.
What Is a Stipulated Divorce in New Brunswick?
A stipulated divorce in New Brunswick is an uncontested divorce in which both spouses agree on all corollary issues—division of property and debt, spousal support, child support, and parenting arrangements—before the court is asked to grant the divorce. "Stipulated" is an American term; New Brunswick courts and lawyers call this a joint or uncontested divorce. Roughly 80% of Canadian divorces resolve without a contested trial, making the agreed route the standard path.
The word "stipulated" comes from U.S. practice, where parties file a stipulation—a formal written agreement submitted to the court. In New Brunswick the functional equivalent is a separation agreement combined with either a joint Petition for Divorce or an unopposed sole petition. The single national ground for divorce is marriage breakdown under New Brunswick Statute § 8 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). Because Canada has no fault-based property penalty, an agreed divorce lets both people control the outcome instead of a judge. This is why an agreed divorce, a consent divorce, and a settled divorce all describe the same efficient process: you decide the terms, and the Court of King's Bench reviews and confirms them.
Residency and Grounds: Who Can File in New Brunswick?
To file for divorce in New Brunswick, at least one spouse must have been ordinarily resident in the province for the 12 months immediately before starting the proceeding, under New Brunswick Statute § 3 of the Divorce Act. The only ground is marriage breakdown, proven most often by living separate and apart for one full year. These two one-year clocks run separately and independently.
Many people confuse the residency year with the separation year, but they measure different things. The residency requirement in New Brunswick Statute § 3 asks whether you have lived in New Brunswick long enough for its courts to have jurisdiction. The separation requirement in New Brunswick Statute § 8 asks whether the marriage has broken down. You can be a 20-year New Brunswick resident who separated only three months ago—in that case you meet residency but cannot yet be granted a divorce. Marriage breakdown can also be established immediately by proving adultery or physical or mental cruelty, but for a mutual divorce agreement almost every couple uses the no-fault one-year separation route because it avoids allegations. You may file your petition before the year ends, but the judge will not sign the Divorce Order until the full 12 months of separation have elapsed. Understanding your separation date early prevents filing too soon.
The Separation Agreement: The Heart of a Stipulated Divorce
A separation agreement is the written contract that makes a stipulated divorce work, and it is the single most cost-effective tool in New Brunswick family law. A properly signed and witnessed agreement can settle spousal support, child support, parenting time, decision-making responsibility, the matrimonial home, pensions, vehicles, and debt—often for a fraction of the $16,500 a contested case can cost.
A separation agreement is a domestic contract enforceable under New Brunswick's provincial family legislation, the Family Law Act, SNB 2020, c 23, and the Marital Property Act. When both spouses receive independent legal advice, disclose their finances fully, and sign voluntarily before a witness, courts rarely disturb the terms. The agreement should address every issue the divorce petition will later mirror: an equal or negotiated split of marital property under New Brunswick Statute § 2 of the Marital Property Act; child support calculated under the Federal Child Support Guidelines; spousal support consistent with New Brunswick Statute § 15.2 of the Divorce Act; and parenting arrangements framed around the best interests of the child. Because the agreement is a contract, it binds you even before the divorce is final—so never sign one without understanding it. A separation agreement that is complete and consistent lets the court grant your consent divorce on the strength of an affidavit, with no hearing required. Building a personalized divorce roadmap first helps you spot which issues your agreement must cover.
How Property Is Divided When You Agree
New Brunswick divides marital property equally, on a presumptive 50/50 basis, under the Marital Property Act—a stronger rule than the "equitable" (fair-but-not-equal) standard used in many U.S. states. Marital property acquired during the relationship is split evenly, and marital debts are shared equally, unless the spouses agree otherwise or a court finds an equal split would be grossly unfair.
Under New Brunswick Statute § 2 of the Marital Property Act, child care, household management, and financial provision are treated as joint responsibilities of equal value, which is why each spouse is presumptively entitled to an equal share. Marital property generally includes the matrimonial home, family vehicles, household contents, joint bank accounts, and the portion of pensions and RRSPs earned during the marriage. Certain assets—gifts, inheritances, and property owned before marriage—may qualify as separate property and fall outside the 50/50 pool, though income or growth from them can be captured. In a stipulated divorce, the spouses can depart from the equal-division default and agree to any split they both accept, provided disclosure is full and the deal is not unconscionable. This freedom is the practical advantage of a settled divorce: instead of arguing over the strict statutory formula, you negotiate a division that reflects your real priorities. Note that a claim to divide marital property must generally be brought within 60 days after the divorce judgment becomes final, so property terms belong in your agreement, not left for later. Compare New Brunswick's equal rule with equitable distribution used elsewhere to see why agreement matters.
Parenting Arrangements and Child Support in an Agreed Divorce
When children are involved, a New Brunswick stipulated divorce must set out parenting arrangements and child support, and the court will confirm both are in the children's best interests before granting the divorce. Child support follows the Federal Child Support Guidelines table amount based on the paying parent's income and the number of children—a non-negotiable floor the court checks even in a fully agreed case.
The 2021 amendments to the Divorce Act replaced "custody" and "access" with modern language, and New Brunswick uses it: parenting time, decision-making responsibility, and parenting orders. Under New Brunswick Statute § 16.1 of the Divorce Act, a court may make a parenting order allocating parenting time and decision-making responsibility according to the best interests of the child, which is the only test. In an agreed divorce, both parents describe their parenting plan—schedule, holidays, communication, and how major decisions about health, education, and religion are made—and the court incorporates it if it protects the children. Child support is calculated on the payor's gross annual income; for two children with a payor earning $70,000, the New Brunswick table figure is roughly $1,000–$1,100 per month before add-ons for child care and health expenses. Special or extraordinary expenses under section 7 of the Guidelines are shared in proportion to income. You can estimate your obligation with our child support calculator for New Brunswick before you finalize the numbers. Even in a consent divorce, a judge can reject inadequate child support, so use the Guidelines figure as your anchor.
Spousal Support in a Consent Divorce
Spousal support in a New Brunswick stipulated divorce is set by the spouses themselves, guided by the Spousal Support Advisory Guidelines, and confirmed by the court. Support turns on the length of the relationship, each spouse's income, and the roles played during the marriage; for a 15-year marriage with a large income gap, support can range widely in amount and may last from several years to indefinitely.
Unlike child support, spousal support is not mandatory—it depends on entitlement. Under New Brunswick Statute § 15.2 of the Divorce Act, a court considers the condition, means, needs, and circumstances of each spouse, including the length of cohabitation, the functions each performed, and any prior agreement. The advisory guidelines are not law but are used across New Brunswick to produce a range: the "without child support" formula commonly yields 1.5% to 2% of the income difference per year of marriage, capped at 50%, with duration of roughly six months to one year per year of marriage. In a mutual divorce agreement, spouses can waive support entirely, fix a set amount for a defined term, or agree to review it later—choices a contested trial rarely allows with the same flexibility. A well-drafted spousal support clause states amount, start date, duration, tax treatment, and review triggers. Because support affects taxes and future modification rights, and because a waiver can be difficult to undo, independent legal advice is strongly recommended before signing. When support is complex, it is worth consulting a New Brunswick divorce lawyer to confirm your numbers.
Step-by-Step: Filing an Uncontested (Stipulated) Divorce in New Brunswick
Filing a stipulated divorce in New Brunswick follows a defined sequence at the Court of King's Bench, Family Division, and costs $110 in court fees to start. After a signed separation agreement and the completed one-year separation, the paperwork moves through the registry to a judge who grants the Divorce Order on affidavit evidence, typically within 3 to 6 months.
The practical steps are:
- Confirm eligibility—one spouse resident in New Brunswick for 12 months under New Brunswick Statute § 3, and one full year of separation under New Brunswick Statute § 8.
- Sign a complete separation agreement resolving property, debt, support, and parenting.
- Prepare the Petition for Divorce (joint, or sole with the other spouse consenting or not opposing).
- File at the Court of King's Bench registry with your original marriage certificate and pay the $110 fee ($100 petition + $10 Central Registry of Divorce Proceedings clearance).
- Serve the petition on your spouse if it is a sole petition; a joint petition needs no service.
- File proof of the elapsed separation year and the required affidavits and financial statements.
- The judge reviews the file; in an uncontested case no court appearance is usually needed.
- Receive the Divorce Order, which takes effect 31 days later, then request the Certificate of Divorce for $7.
Fee waivers exist: New Brunswick residents receiving social assistance under the Family Income Security Act, or represented by domestic Legal Aid, may be exempt from filing fees, and the Registrar has discretion to waive fees in cases of financial hardship. As of August 2026, verify the current amounts with your local clerk before filing, because court tariffs change.
Costs and Timeline: What an Agreed Divorce Really Takes
A stipulated divorce in New Brunswick is the fastest and cheapest way to end a marriage: expect about $1,650 in total when uncontested, versus up to $16,500 for a contested case. Court filing fees are only $110; the balance is legal fees for drafting the separation agreement and preparing the petition. Timeline from filing to final order is commonly 3 to 6 months once the separation year is complete.
The cost gap between an agreed and a contested divorce is the strongest argument for settling. Court fees are fixed and modest—$110 to file plus $7 for the certificate—so the variable is professional time. An uncontested divorce with a straightforward agreement may need only a few hours of a lawyer's time to draft and review, keeping the all-in cost near $1,650. A contested divorce multiplies that figure roughly tenfold because of discovery, motions, and hearings. The timeline is driven mainly by the mandatory one-year separation under New Brunswick Statute § 8: you cannot shorten it, but you can prepare the agreement and petition during that year so the court process itself takes only 3 to 6 months afterward. Add the 31-day period before the Divorce Order takes effect, and most agreed cases conclude within about half a year of filing. Mapping your route with a personalized divorce roadmap helps you use the waiting year productively.