Divorce Checklist for New Brunswick

Under Section 3(1) of Canada's Divorce Act (RSC 1985, c 3, 2nd Supp), at least one spouse must have been habitually resident in New Brunswick for a minimum of one year immediately before filing the divorce proceeding. Habitual residence means the province must be your settled, ordinary home and center of daily life — temporary absences do not break the requirement. You must also establish grounds for divorce under Section 8(2) of the Divorce Act: the most common ground is one year of living separate and apart, though adultery or physical or mental cruelty are alternative grounds. You may file before the full year of separation has elapsed, but the Court of King's Bench cannot grant the Divorce Judgment until the one-year separation period is complete. Under Section 8(3), spouses may briefly reconcile for periods totalling no more than 90 days without restarting the separation clock. Gather government-issued identification showing your New Brunswick address dated at least one year before filing.

A certified copy of your marriage certificate is a mandatory attachment to your Petition for Divorce (Form 72A) or Joint Petition for Divorce (Form 72B) under Rule 72 of the New Brunswick Rules of Court. If you were married in New Brunswick, request a certified copy from Service New Brunswick (SNB) — available online, in person, or by mail. If you married in another Canadian province, contact that province's vital statistics office. For marriages outside Canada, you will need the original foreign marriage certificate and a certified English or French translation prepared by a qualified translator. The court will not accept photocopies or unofficial documents. Processing times vary from a few days for in-person requests at SNB to two to four weeks for mail orders. If your marriage certificate has been lost or destroyed, you may need to file an affidavit explaining the absence and request the court accept alternative proof of marriage. Budget CAD $35 to $50 for replacement certificates from most Canadian vital statistics offices.

Under Rule 72 of the New Brunswick Rules of Court, any divorce proceeding that includes claims for child support, spousal support, or division of marital property requires both parties to complete and file a Financial Statement (Form 72J). You must compile your last three years of personal income tax returns filed with the Canada Revenue Agency, all corresponding notices of assessment or reassessment, and your most recent statement of earnings from your employer showing year-to-date income including overtime. Under the Federal Child Support Guidelines (SOR/97-175, Section 21), both parents must provide this income documentation when child support is at issue. If both parents agree on income figures, New Brunswick permits disclosure of only the most recent taxation year. Begin gathering bank statements, investment account records, pension statements, RRSP and TFSA balances, real property valuations, vehicle registrations, and any documentation of debts including mortgages, credit cards, and lines of credit.

Under New Brunswick's Family Law Act (SNB 2020, c 23), a family dispute resolution process is defined as any process outside of court used by parties to attempt to resolve matters in dispute, including negotiation, mediation, and collaborative law. While New Brunswick does not impose a mandatory mediation or parenting course requirement before filing for divorce, the court strongly encourages parties to resolve parenting arrangements, child support, spousal support, and property division through alternative dispute resolution before resorting to litigation. Mediation can significantly reduce costs and timeline — an uncontested divorce resolved through agreement typically concludes in 4 to 6 months, compared to 12 to 24 months for contested proceedings. The Family Law Information Centres (FLICs) in Saint John and Moncton offer free consultations with family advice lawyers to help you understand your options. If domestic violence is a factor, mediation may not be appropriate — contact the Domestic Violence Association of New Brunswick (DVANB) at www.dvanb.ca for safety planning.

If you are filing alone, complete Form 72A (Petition for Divorce) under Rule 72 of the New Brunswick Rules of Court. If both spouses agree to the divorce and its terms, complete Form 72B (Joint Petition for Divorce) together — both petitioners must be at least 19 years of age and neither may suffer from any legal disability. Both forms require you to state the grounds for divorce under Section 8(2) of the Divorce Act, typically one year of living separate and apart. Include claims for corollary relief such as child support under the Federal Child Support Guidelines, spousal support under Section 15.2 of the Divorce Act, parenting arrangements under Section 16.1 of the Divorce Act, and division of marital property under the Marital Property Act (RSNB 2012, c 107). Annotated versions of both forms with line-by-line instructions are available at familylawnb.ca. Attach your certified marriage certificate and any existing separation agreement or court order to the petition before filing.

File your completed Petition for Divorce (Form 72A) or Joint Petition for Divorce (Form 72B) at the Court of King's Bench, Family Division, in the judicial district where you or your spouse resides. New Brunswick has eight judicial districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. The filing fee is CAD $110, which includes the divorce petition and the clearance certificate request to the Central Divorce Registry in Ottawa. If you are a recipient of benefits under the Family Income Security Act or are receiving legal aid, you are automatically exempt from the filing fee under Rule 72.24 and Rule 81.20 of the Rules of Court. After filing, the Registrar will assign a court file number and return your original documents — expect this process to take two to three weeks. Keep the stamped copies for your records and for service on your spouse. The Registrar will simultaneously forward a registration form to the Central Divorce Registry in Ottawa.

If your Petition for Divorce includes any claim for child support, spousal support, or division of marital property under the Marital Property Act (RSNB 2012, c 107), you must complete and file Financial Statement Form 72J as prescribed by the Rules of Court. Form 72J is a sworn document — you must sign it before a commissioner of oaths or notary public, and making a false statement constitutes a criminal offence. Section A is mandatory when child support is at issue. Section B.1 must be completed where spousal support is claimed, or where child support involves income over $150,000, shared parenting time, or a child over the age of majority. Section C is always required. Attach copies of your three most recent years of income tax returns, all CRA notices of assessment, and your current employer earnings statement showing year-to-date totals. In New Brunswick, if both parents agree on income amounts, only the most recent taxation year is required. The financial statement summarizes your income, monthly expenses, assets, and debts across seven appendices.

Under Rules 18.05 through 18.07 and Rule 72.09 of the New Brunswick Rules of Court, you must serve a filed copy of the Petition for Divorce on your spouse within six months of filing. You cannot serve the documents yourself — you must arrange for another adult, a professional process server, or use registered mail or courier to deliver the petition. Personal service, where an adult physically hands the documents to your spouse, is the preferred method. After service is completed, the person who served the documents must complete an Affidavit of Service (Form 18B), which must be sworn before a commissioner of oaths or notary public. Form 18B requires the server to identify who was served, what documents were delivered, the date and time of service, and the method used. If your spouse cannot be located, you may apply to the court for an order for substituted service under Rule 18.06, which may permit service by publication or other alternative means. File the sworn Affidavit of Service with the court — your case cannot proceed without proof of service.

Under Rule 72.09(2) of the New Brunswick Rules of Court, the respondent has a specific deadline to serve and file an Answer (Form 72D) depending on where they were served: 20 days if served within New Brunswick, 30 days if served elsewhere in Canada or the United States, and 60 days if served anywhere else in the world. The respondent may also file a Notice of Intent to Defend (Form 72I) within the same deadline, which extends the time to file a formal Answer. If the petition includes claims for support or property division, the respondent must also file their own Financial Statement (Form 72J) within the same response period. If no Answer is served on you within the applicable deadline, the divorce is considered uncontested and you can proceed to the next step — preparing your Trial Record. If your spouse files an Answer, the matter becomes contested and additional steps including discovery, a case management conference, and potentially a trial will follow. A respondent may file an Answer and Counter-Petition (Form 72F) to make their own claims for relief.

Under Rule 72 of the New Brunswick Rules of Court, the court cannot grant a Divorce Judgment until it receives a Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, administered by the federal Department of Justice under Section 12 of the Divorce Act. The Registrar of the Court of King's Bench automatically sends a registration form to the Central Registry when you file your petition, and the Registry checks for duplicate divorce applications across all Canadian provinces and territories. Processing typically takes four weeks to three months — delays may occur if applications with similar names have been filed in other provinces or if the name on your marriage certificate differs from your current legal name. You do not need to contact the Central Registry directly; the Registrar will forward the certificate to you once received. Do not attempt to file your Trial Record or proceed to obtain a Divorce Judgment without the Clearance Certificate, as the court will reject any filing that lacks this document. During this waiting period, use the time to finalize any separation agreement or resolve outstanding issues regarding parenting arrangements, support, or property division.

Once you have the Clearance Certificate and the response period has expired without an Answer, prepare your Trial Record for an uncontested divorce. Under Rule 72 of the New Brunswick Rules of Court, the Trial Record includes an index, your Affidavit of Evidence, the Affidavit of Service (Form 18B), the original filed Petition for Divorce, the Clearance Certificate, and any attachments such as separation agreements or existing court orders. Your Affidavit of Evidence is the sworn statement containing all the facts the judge needs to grant the divorce without a court hearing — including your identity, marriage details, separation date, grounds for divorce, and any agreed terms for parenting arrangements, support, and property. You must complete and file a Request for Divorce (Form 72K) to use affidavit evidence instead of an oral hearing. Critical deadline: you must file the Trial Record within five days of swearing your Affidavit of Evidence before a commissioner of oaths. Include an Agreement Not to Appeal (Form 72L) signed by both parties if your spouse consents.

After the Trial Record is filed, a judge of the Court of King's Bench, Family Division, reviews the documents and, if satisfied, issues a Divorce Judgment (Form 72M for simple divorce or Form 72N for divorce with corollary relief including parenting arrangements, support, or property orders). For uncontested divorces processed on affidavit evidence, expect the Divorce Judgment within four to six weeks of filing the Trial Record — delays may occur if the judge identifies errors or requests additional information. Under Section 12(1) of the Divorce Act, the divorce takes effect on the 31st day after the Divorce Judgment is rendered, unless both spouses filed an Agreement Not to Appeal (Form 72L) waiving the appeal period or a judge orders otherwise. During the 31-day appeal period, either spouse may appeal the judgment. Important: under Section 3(2) of the Marital Property Act (RSNB 2012, c 107), no application for division of marital property may be made later than 60 days after the divorce takes effect. Ensure all property claims are addressed before or promptly after the judgment.

After the 31-day appeal period expires — or immediately if both spouses waived the appeal by filing Form 72L — apply for your Certificate of Divorce (Form 72O) through the Office of the Registrar of the Court of King's Bench in Fredericton, any Service New Brunswick (SNB) office, or by ordering online. The Certificate of Divorce costs CAD $7 and serves as the official legal proof that your marriage has been dissolved. This document is essential for updating your legal status with government agencies including the Canada Revenue Agency, Service Canada, Immigration Refugees and Citizenship Canada, and provincial vital statistics offices. You will need the Certificate of Divorce to legally remarry, update pension and insurance beneficiary designations, and change your name if desired. Keep the original in a secure location and obtain additional certified copies if needed for multiple simultaneous applications. The Registrar typically processes Certificate of Divorce requests within two to four weeks. Update your will, powers of attorney, and beneficiary designations promptly after receiving the certificate, as a divorce does not automatically revoke these documents in New Brunswick.