New Brunswick Divorce Checklist

divorce.law/resources/divorce-checklist/new-brunswick/

Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

4 to 6 months for uncontested divorces in New Brunswick (including 1-3 months for the Clearance Certificate from Ottawa, 4-6 weeks for the Divorce Judgment, and a 31-day appeal period). Contested divorces with parenting arrangements, support, or property disputes typically take 12 to 24 months depending on complexity and court scheduling.

Documents to Gather

Certified Marriage Certificate
Government-Issued Photo Identification
Proof of One-Year New Brunswick Residency
Separation Agreement (if applicable)(if applicable)
Existing Court Orders(if applicable)
Children's Birth Certificates(if applicable)
Domestic Contract or Prenuptial Agreement(if applicable)

Financial Documents

Last 3 years of personal income tax returns (T1 General)
Last 3 years of CRA notices of assessment or reassessment
Current employer statement of earnings
Bank statements for all accounts (last 12 months)
RRSP, TFSA, and pension statements
Real property valuations
Mortgage and loan statements
Credit card statements
Business financial statements (if self-employed)(if applicable)
Investment account statements(if applicable)

Key Steps

1. Before Filing

Verify Residency and Separation Requirements
Obtain Your Marriage Certificate
Gather Financial Records and Disclosure Documents
Consider Family Dispute Resolution Options

2. Filing Process

Complete the Petition for Divorce or Joint Petition
File the Petition with the Court of King's Bench
Prepare Financial Statement if Claiming Support or Property

3. After Filing

Serve Your Spouse with the Filed Petition
Wait for Respondent's Answer or Default Period to Expire
Obtain the Clearance Certificate from Ottawa
Prepare and File the Trial Record with Affidavit Evidence
Receive the Divorce Judgment and Wait for the Appeal Period
Obtain Your Certificate of Divorce

Key Deadlines

Respondent must file Answer (served in New Brunswick)20 days after service

Respondent must file Answer (served elsewhere in Canada or US)30 days after service

Respondent must file Answer (served outside Canada and US)60 days after service

Petitioner must serve Petition on spouse6 months after filing

File Trial Record after swearing Affidavit of Evidence5 days after swearing affidavit

Divorce takes effect (appeal period expires)31 days after Divorce Judgment

Deadline to apply for division of marital property60 days after divorce takes effect

Exchange documents before Binding Judicial Resolution Conference14 days before BJRC date

Quick Reference

To file for divorce in New Brunswick, you must first establish that at least one spouse has been habitually resident in the province for one year under Section 3(1) of Canada's Divorce Act. File a Petition for Divorce (Form 72A) or Joint Petition (Form 72B) at the Court of King's Bench, Family Division, in your judicial district with a filing fee of CAD $110 — fee waivers are available for Family Income Security Act recipients and legal aid clients. Serve your spouse through personal service or registered mail and file an Affidavit of Service (Form 18B). The respondent has 20 days to file an Answer (Form 72D) if served in New Brunswick, 30 days if served elsewhere in Canada, or 60 days internationally. Wait for the Clearance Certificate from the Central Divorce Registry in Ottawa, which takes 4 weeks to 3 months. File your Trial Record with Affidavit of Evidence and Request for Divorce (Form 72K) within 5 days of swearing. Expect the Divorce Judgment in 4-6 weeks for uncontested cases. The divorce takes effect 31 days after judgment. Apply for your Certificate of Divorce (Form 72O) for CAD $7. Total timeline: 4-6 months uncontested, 12-24 months contested.