Divorce Resources in New Brunswick: Court Forms, Legal Aid & Filing Guide

To file for divorce in New Brunswick, you must file a Petition for Divorce (Form 72A) or Joint Petition for Divorce (Form 72B) with the Registrar of the Court of King's Bench, Family Division. The filing fee is $100 for the petition plus $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, totalling $110 under Rules of Court, Rule 72.24. You must establish at least one ground for divorce under section 8 of the Divorce Act, RSC 1985, c 3 (2nd Supp): one year of separation, adultery, or physical or mental cruelty. At least one spouse must have ordinarily resided in New Brunswick for at least one year immediately before the petition is filed, as required by section 3(1) of the Divorce Act. The Family Division holds sittings in all eight judicial districts of the Court of King's Bench.

After filing your Petition for Divorce, you must serve the respondent with a copy of the petition and a Notice of Petition for Divorce (Form 72C) by personal service under Rule 72.06 of the Rules of Court. The respondent has 20 days after service within New Brunswick, or 40 days if served outside the province, to file an Answer (Form 72D) or Answer and Counter-Petition (Form 72F). If your petition includes claims for spousal support, child support in an amount different from the Federal Child Support Guidelines table amount, or division of marital property, both parties must file a Financial Statement (Form 72J), as required by section 12 of the Marital Property Act, RSNB 2012, c 107 and Rule 72.12.

Once the respondent has been served and the applicable time periods have expired, you must obtain a Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, confirming no other divorce proceeding is pending between the same parties. File the Request for Divorce (Form 72K) along with the Clearance Certificate, your original marriage certificate, and any required affidavits with the Registrar. If the divorce is uncontested, it proceeds on the written record without a hearing under Rule 72.16. The divorce judgment takes effect on the 31st day after it is granted, unless both parties sign an Agreement Not to Appeal (Form 72L) under section 12 of the Divorce Act, in which case the divorce is effective immediately.

After the divorce judgment becomes effective, you may apply to the Registrar for a Certificate of Divorce (Form 72O) by paying the $7 fee under Rule 72.24. This certificate is the official proof that your marriage has been dissolved and is required if you wish to remarry. New Brunswick residents receiving social assistance under the Family Income Security Act or those represented by domestic Legal Aid are exempt from paying filing fees under Rules of Court, Rule 72.24(2). For contested divorces involving parenting arrangements, the court may order both parties to attend a family dispute resolution process under section 8(1) of the Family Law Act, SNB 2020, c 23. The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) publishes a handbook called "Doing Your Own Divorce in New Brunswick" available at provincial libraries or for $10 from PLEIS-NB at (506) 453-5369.

New Brunswick offers the Parent Information Program (PIP), a free self-guided online program for separating and divorcing parents. The program consists of three parts: a one-hour parent information video, a 20-minute family law information video, and a 20–30 minute multiple-choice quiz. While not legislatively mandated for all divorce proceedings, a judge may direct parties to complete PIP or attend other parent education as part of proceedings involving children under section 8(1) of the Family Law Act, SNB 2020, c 23, which authorizes the court to require parties to participate in a family dispute resolution process. Under Rule 81.09 of the Rules of Court, in judicial districts with case management, the court may also direct parents to attend parent education programs as part of case conferences. PIP is available free at familylawnb.ca/english/pip or by calling 1-844-673-4499.

Mediation is not mandatory before filing for divorce in New Brunswick, but is strongly encouraged. Under section 8(1) of the Family Law Act, SNB 2020, c 23, the court may order parties to participate in a family dispute resolution process — including mediation, negotiation, or collaborative law — if the court believes it would be in the best interests of the family. When such an order is made, the parties share the cost equally unless the court directs otherwise under section 8(2). Lawyers are required by section 7 of the Family Law Act to encourage clients to attempt resolution through a family dispute resolution process and must certify compliance in all filed documents. New Brunswick offers publicly funded family mediation services through the Department of Justice and Public Safety, and private mediators are also available throughout the province.

Financial disclosure is mandatory in New Brunswick divorce proceedings involving claims for support or property division. Under section 12 of the Marital Property Act, RSNB 2012, c 107, when an application is made for division of marital property under sections 3 or 4 of the Act, each party must file with the Court and serve on the other party a Financial Statement (Form 72J) verified by oath or statutory declaration, disclosing particulars of all property and debts. Under Rule 72.12 of the Rules of Court, if the Petition for Divorce contains a claim for support or property division, the respondent must file a Financial Statement whether or not they wish to contest the claims. The Financial Statement requires full disclosure of income, expenses, assets (including real estate, vehicles, bank accounts, retirement accounts, investments, and business interests), and all debts. Under section 13 of the Marital Property Act, the court may order that the financial statement be treated as confidential and not form part of the public record if public disclosure would cause hardship.