Divorce Laws in New Brunswick: Complete 2026 Guide

Under the federal Divorce Act (R.S.C. 1985, c. 3, s. 8), 'breakdown of the marriage' is the sole ground for divorce in Canada, including New Brunswick. The Act recognizes three ways to establish that a marriage has broken down: (1) the spouses have lived separate and apart for at least one year; (2) one spouse has committed adultery; or (3) one spouse has treated the other with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. The most commonly relied-upon ground is one year of separation, which is the 'no-fault' basis for divorce. Spouses may file the petition before the full year of separation has elapsed, but a divorce judgment will not be granted until at least one year of separation has been completed. It is important to note that spouses may live 'separate and apart' while still residing under the same roof, provided there is a clear intention by at least one spouse to end the marriage and the couple has separated their lives in a meaningful way. The Divorce Act also permits a reconciliation period of up to 90 days during the one-year separation period without resetting the clock. The fault-based grounds — adultery and cruelty — do not require a one-year waiting period, but they do require proof. In adultery cases, the petitioning spouse must present evidence of the affair and cannot rely on their own adultery as a ground. In cruelty cases, the petitioner must demonstrate that the other spouse's conduct was sufficiently severe to make continued cohabitation intolerable. Fault-based divorces are less common because of the evidentiary burden involved, and courts are cautious about allegations that appear to be collusive or manufactured. Regardless of which ground is cited, the court must also be satisfied that there has been no collusion between the spouses to fabricate grounds, and that reasonable arrangements have been made for the support of any children of the marriage before the divorce is granted (Divorce Act, s. 11).

To file for divorce in New Brunswick, at least one spouse must have been 'habitually resident' in the Province of New Brunswick for at least one year immediately preceding the filing of the divorce petition. This requirement is set out in section 3(1) of the Divorce Act (R.S.C. 1985, c. 3), which provides that a court in a province has jurisdiction to hear a divorce proceeding if either spouse has been ordinarily resident in that province for at least one year before the proceeding is commenced. The official New Brunswick Joint Petition for Divorce (Form 72B) requires the petitioner to confirm that they have been 'habitually resident in the Province of New Brunswick for at least one year immediately preceding the date of the' petition. It is not necessary for the petitioner to be a Canadian citizen to file for divorce in New Brunswick — permanent residents and others who meet the residency requirement may also file. What matters is the physical, habitual residence in the province. If neither spouse has lived in New Brunswick for at least one year, the divorce must be filed in whatever Canadian province where one of them meets the residency threshold. The court where the petition is filed is typically the judicial district in which the filing spouse resides. Proof of residency is typically established through the sworn affidavit accompanying the petition. In some cases, a witness — such as a neighbour or employer — may be called upon to testify that the petitioner has lived in New Brunswick for the required period. There is no separate county or municipal residency requirement in New Brunswick; the one-year provincial residency is the only geographic threshold.

Property division upon divorce in New Brunswick is governed by the Marital Property Act (RSNB 2012, c. 107), a provincial statute. Under section 2 of the Act, child care, household management, and financial provision are recognized as joint responsibilities of spouses of equal importance, and each spouse is entitled to an equal share of the marital property and bears an equal share of the marital debts. This means New Brunswick follows an equal division model for marital property, not merely an 'equitable' one — the presumptive starting point is a 50/50 split. Marital property includes 'family assets' — property owned by one or both spouses that was ordinarily used by them and their children while living together for shelter, transportation, household, educational, recreational, or social purposes. This encompasses the matrimonial home, personal investments, automobiles, household goods, pensions, and similar assets. However, the Act distinguishes between marital property and business assets. Under the Marital Property Act, business assets are generally exempt from division unless specific exceptions apply under section 8 — for example, where one spouse unreasonably impoverished the marital property, where the division would be inequitable in all the circumstances, or where one spouse assumed the majority of child care and household responsibilities, enabling the other to grow a business. Spouses may agree on the division of property through a separation agreement or domestic contract, which should be reviewed by independent lawyers. If they cannot agree, either spouse may apply to the Family Division of the Court of King's Bench for a court-ordered division. Importantly, an application for property division under the Marital Property Act must be made no later than 60 days after a spouse ceases to be a spouse by reason of divorce or declaration of nullity (s. 3(2)). This tight deadline is critical — failing to apply within 60 days of the divorce judgment can result in the loss of property division rights. The court may extend this limitation period only in limited circumstances, such as lack of knowledge of the divorce or circumstances reasonably beyond the applicant's control. The court may also consider equitable factors under section 7 of the Act, including the unreasonable impoverishment of marital property, and can make unequal divisions where warranted. Financial statements verified by oath must be filed by each party when a property division application is made (s. 12).

Spousal support (sometimes referred to as 'alimony') in New Brunswick may be ordered under the federal Divorce Act (s. 15.2) for married couples who are divorcing, or under New Brunswick's Family Law Act for separating spouses and, in certain cases, common-law partners. The objective of spousal support is to recognize the economic advantages or disadvantages arising from the marriage or its breakdown, apportion the financial consequences of child-rearing, relieve economic hardship, and promote the economic self-sufficiency of each spouse within a reasonable period. Courts in New Brunswick, as across Canada, commonly rely on the Spousal Support Advisory Guidelines (SSAGs) as an informal tool to help determine the amount and duration of spousal support. Although the SSAGs are not legislated, they provide formulas based on factors such as the length of the marriage, the income of each spouse, and whether there are dependent children. For marriages of shorter duration, support may be limited in amount and time. For longer marriages, particularly those lasting 20 years or more or where the combined age of the recipient at separation plus the length of the marriage equals 65 or more (the 'Rule of 65'), support may be indefinite. Factors the court considers include the length of the marriage, the roles each spouse assumed during the marriage, the financial means and needs of each spouse, the age and health of each party, the impact of child-rearing responsibilities on earning capacity, and any agreements between the spouses. Spousal support can be ordered on an interim basis while the divorce is pending, and final orders may be reviewed or varied if there is a material change in circumstances. Support may be paid as periodic (monthly) payments, a lump sum, or through a transfer of property. Either spouse may be ordered to pay support — the obligation is gender-neutral and depends entirely on the financial circumstances of each party.

When divorcing parents in New Brunswick have children, the court must address parenting arrangements and decision-making responsibility under the federal Divorce Act (as amended in 2021) and, for non-divorce proceedings, under New Brunswick's Family Law Act (SNB 2020, c. 23). The paramount consideration in all cases is the best interests of the child. The 2021 amendments to the Divorce Act replaced the former concepts of 'custody' and 'access' with 'parenting time' and 'decision-making responsibility,' reflecting a more child-centred approach. Parenting time refers to the time each parent spends with the child, during which that parent is responsible for day-to-day decisions. Decision-making responsibility refers to the authority to make significant decisions about a child's well-being, including decisions about health, education, culture, language, religion, and significant extracurricular activities. Under the Family Law Act, 'decision-making responsibility' is similarly defined as the responsibility for making significant decisions about a child's well-being. The court may allocate decision-making responsibility to one parent, both parents jointly, or split it by subject area. The court considers a wide range of factors when determining parenting arrangements, including the child's needs; the nature and strength of the child's relationship with each parent; each parent's willingness to support the child's relationship with the other parent; the child's views and preferences (given the child's age and maturity); the child's cultural, linguistic, religious, and spiritual upbringing; any history of family violence; and the ability of each parent to care for the child. The 2021 Divorce Act amendments also introduced specific provisions regarding relocation, requiring a parent who wishes to move to provide notice and, if contested, to bear a burden of proof that varies depending on the existing parenting arrangement. Parents are strongly encouraged to develop a parenting plan — a written agreement outlining parenting time schedules, decision-making responsibilities, communication protocols, and dispute resolution mechanisms. If parents cannot agree, the court will make an order. New Brunswick also offers a free parenting information program called 'For the Sake of the Children,' designed to help separating parents understand the legal and emotional effects of separation on their children.

To file for divorce in New Brunswick, you begin by preparing and filing the appropriate petition with the Family Division of the Court of King's Bench in your judicial district. If both spouses agree on all terms, they may file a Joint Petition for Divorce (Form 72B). If only one spouse is initiating the divorce, that spouse files a Petition for Divorce (Form 72A). The petition must be accompanied by a marriage certificate, any required financial statements (Form 72J), and the filing fee. Forms are available through the Family Law NB website (familylawnb.ca) or at the courthouse. After filing, if a sole petition was used, the other spouse must be served with copies of the divorce documents. Service may be accomplished through personal delivery by any adult (other than the petitioner), registered mail, or courier. In New Brunswick, the respondent generally has 30 days to file a response if served within Canada, or 60 days if served outside Canada. An Affidavit of Service (Form 18B) must be filed with the court as proof that service was completed. If filing a joint petition, service on the other spouse is not required. A Clearance Certificate must be requested from the federal Central Registry of Divorce Proceedings in Ottawa, which confirms there are no other divorce proceedings between the same parties pending elsewhere in Canada. Once the clearance certificate is received and the response period has expired (or a response has been filed), the petitioner signs a final affidavit and the remaining paperwork is submitted for judicial review. In uncontested cases, the judge reviews the file without a hearing and issues the divorce judgment. In contested cases, the matter proceeds to a case management conference and, if necessary, a trial. The first court appearance typically occurs six to eight weeks after filing. In Moncton and Saint John, you may meet with a Case Management Master; in Fredericton, Miramichi, and Woodstock, you meet with a judge. The divorce judgment becomes effective 31 days after it is granted, at which point a Certificate of Divorce may be requested for an additional fee. All divorce proceedings in New Brunswick are heard by the Family Division of the Court of King's Bench of New Brunswick (formerly the Court of Queen's Bench, renamed following the accession of King Charles III). This is a superior court with inherent jurisdiction over divorce under the federal Divorce Act. New Brunswick operates a unified family court system, meaning that divorce matters and provincial family law matters — including parenting arrangements, support, property division, and child protection — are all heard at the same court level. The Court of King's Bench, Family Division operates in eight judicial districts across the province, with major centres in Fredericton, Moncton, Saint John, Miramichi, and Woodstock. In Moncton and Saint John, Case Management Masters handle initial case management conferences to help manage the higher volume of cases. In Fredericton, Miramichi, and Woodstock, judges handle case management directly. The court also has jurisdiction over matters under provincial legislation such as the Family Law Act (SNB 2020, c. 23) and the Marital Property Act (RSNB 2012, c. 107). Appeals from decisions of the Court of King's Bench, Family Division are heard by the New Brunswick Court of Appeal. Further appeals on questions of law of national importance may be brought to the Supreme Court of Canada with leave. For general family law information, the court's official website and the Family Law NB website (familylawnb.ca) provide resources, guides, and downloadable forms. The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) also operates a toll-free Family Law Information Line at 1-888-236-2444.

The primary waiting period in New Brunswick divorce law relates to the one-year separation requirement under section 8(2)(a) of the Divorce Act (R.S.C. 1985, c. 3). If a divorce is based on the no-fault ground of marriage breakdown through separation, the spouses must have lived separate and apart for at least one continuous year. A petition can be filed before the one-year period has elapsed, but the court will not grant the divorce judgment until the full year has passed. During the one-year separation period, the Divorce Act allows a reconciliation attempt of up to 90 days of resumed cohabitation without resetting the separation clock. If the reconciliation attempt fails and the spouses separate again, the time they spent separated before the reconciliation attempt still counts. However, if the reconciliation lasts more than 90 days, the separation period restarts from the date of the new separation. Once all documents are filed and the court is satisfied, there is no additional statutory waiting period specific to New Brunswick before the divorce judgment is issued. However, the divorce does not become effective (final) until 31 days after the date of the judgment, as provided by section 12(1) of the Divorce Act. During this 31-day period, either party may appeal the divorce judgment. Only after the 31 days have passed may the parties obtain a Certificate of Divorce and remarry. If there is an appeal, the divorce does not take effect until the appeal is disposed of. For fault-based grounds (adultery or cruelty), there is no mandatory separation waiting period, but the evidentiary requirements are more stringent.