Family Law Act (SNB 2020, c 23)

There is only one ground for divorce in Canada: breakdown of the marriage. This can be established three ways: (1) the spouses have lived separate and apart for at least one year, (2) one spouse committed adultery, or (3) one spouse treated the other with physical or mental cruelty making continued cohabitation intolerable. About 95% of Canadian divorces rely on the one-year separation ground.

Effective: 2021

A divorce petition may be filed before the one-year separation period ends, but the court will not grant the divorce until the full year has passed. Spouses may live together for up to 90 days during the separation period to attempt reconciliation without restarting the clock. If they reconcile for more than 90 days, the one-year count restarts from scratch.

Effective: 2021

To file for divorce in New Brunswick, at least one spouse must have been ordinarily resident in the province for at least one year immediately preceding the filing. The case is filed in the Court of King's Bench, Family Division, in the judicial district where either spouse ordinarily resides.

Effective: 2021

New Brunswick law recognizes that child care, household management, and financial provision are joint responsibilities of equal importance. Each spouse is entitled to an equal share of the marital property and bears an equal share of the marital debts. This presumption of 50/50 division is the starting point for all property cases.

Effective: 2012

Each spouse may apply to the Court of King's Bench for an equal division of marital property when they are living separate and apart with no reasonable prospect of resuming cohabitation, or when the marriage has broken down. An application must be made no later than 60 days after a divorce or nullity declaration is finalized.

Effective: 2012

The court may exclude a family asset from division if it was acquired before the marriage, received as a gift from the other spouse, or inherited — but only if including it would be unfair and unreasonable to the owner. The court considers whether the non-owning spouse contributed to the asset, how long the marriage lasted, and whether the spouses had an agreement about the asset.

Effective: 2012

The court may depart from the 50/50 default and order an unequal division if equal shares would be inequitable. Factors include each spouse's financial and non-financial contributions, the length of the marriage, any dissipation of assets, and any other circumstances affecting fairness.

Effective: 2012

The court may divide property that is not marital property — including business assets — in three situations: (1) a spouse unreasonably impoverished the marital property, (2) dividing only marital property would be inequitable, or (3) one spouse assumed the majority of child care or household responsibilities. This is the primary mechanism for dividing business assets in New Brunswick.

Effective: 2012

Both spouses have an equal right to live in the marital home regardless of who holds title (s. 18). Neither spouse can sell or mortgage the marital home without the other's written consent (s. 19). The court may grant one spouse exclusive possession for a specified period (s. 23), even if the other spouse owns the home.

Effective: 2012

All parenting decisions must be based solely on the best interests of the child. The court considers the child's cultural, linguistic, and spiritual heritage (including First Nations heritage), each parent's willingness to support the child's relationship with the other parent, the child's views and preferences, and any family violence. The child's physical, emotional, and psychological safety is the primary consideration.

Effective: 2021

Unless parents agree otherwise or the court orders differently, both parents have shared parenting time and shared decision-making responsibility by default. The court may allocate parenting time, assign decision-making responsibility, require supervised parenting time, prohibit removing the child from a geographic area, or direct parties to attend family dispute resolution.

Effective: 2021

A parent with allocated parenting time has exclusive authority to make day-to-day decisions during that time — such as meals, bedtime, and daily activities — without consulting the other parent. Major decisions about health, education, religion, and significant extracurricular activities require the person with allocated decision-making responsibility.

Effective: 2021

Decision-making responsibility for significant decisions about a child's well-being — including health, education, culture, language, religion, and extracurricular activities — may be allocated to one parent, both parents jointly, or any combination of parents and persons standing in the place of a parent.

Effective: 2021

A parent who intends to relocate must give written notice to any other person with parenting time or decision-making responsibility. If the other parent objects, the relocating parent must obtain a court order. The court considers additional factors including the reason for relocation, its impact on the child, and the feasibility of preserving the child's relationship with each parent. The burden of proof shifts depending on the parenting arrangement.

Effective: 2021

When allocating parenting time, the court must give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. This is not a presumption of equal time but a guiding principle that favors meaningful relationships with both parents where safe and appropriate.

Effective: 2021

Every parent has an obligation to provide support for their child. Child support amounts are determined under New Brunswick's Child Support Guidelines (NB Reg 2021-19), which adopt the Federal Child Support Guidelines. The guidelines use income-based tables to calculate base amounts, with adjustments for special or extraordinary expenses like child care, health care, and extracurricular activities.

Effective: 2021

The court may order a different amount than the guidelines prescribe if special provisions in a prior agreement directly benefit the child and the guideline amount would be inequitable. On consent, the court may approve a non-guideline amount if satisfied that reasonable arrangements have been made for the child's support. The court must record its reasons for any departure.

Effective: 2021

New Brunswick's Child Support Service can recalculate child support amounts annually based on updated income information, without requiring a court appearance. Parents register their child support order with the service, which then uses the current guideline tables and reported income to adjust the amount. Either party may withdraw from the service or apply to the court if they disagree with a recalculated amount.

Effective: 2021

Every spouse has an obligation to provide support for the other spouse according to need, to the extent they are capable. This obligation extends to common-law partners who have cohabited continuously for at least three years (where one was substantially dependent), or who have cohabited in a relationship of some permanence and have a child together. The court considers the condition, means, needs, and circumstances of each spouse.

Effective: 2021

On divorce, the court may order one spouse to pay lump-sum or periodic spousal support. The court considers each spouse's condition, means, and needs, and may not consider marital misconduct. Support orders must pursue four objectives: (1) recognize economic advantages or disadvantages from the marriage, (2) apportion child care costs, (3) relieve economic hardship from the breakdown, and (4) promote economic self-sufficiency within a reasonable time.

Effective: 2021

When the court considers both child support and spousal support applications at the same time, child support takes priority. If giving priority to child support means the court cannot order spousal support, or must order less spousal support than it otherwise would, the court must record its reasons.

Effective: 2021

Parties must provide complete, accurate, and up-to-date financial information and must try to resolve matters as quickly as possible with minimal conflict. Lawyers must encourage clients to attempt family dispute resolution, inform them of available services, and certify compliance in all court filings.

Effective: 2021

Mediation and other family dispute resolution processes are not mandatory before filing but are strongly encouraged. Once proceedings have begun, the court may order the parties to participate in a dispute resolution process and adjourn the case for a reasonable period. Costs are split equally unless the court directs otherwise. Family dispute resolution includes negotiation, mediation, and collaborative law.

Effective: 2021

Divorce proceedings in New Brunswick are filed in the Court of King's Bench, Family Division, under Rule 72 of the Rules of Court. Spouses may file individually (Petition for Divorce) or together (Joint Petition for Divorce). The filing fee is $110, with fee waivers available for those who cannot afford it. The respondent has 30 days to respond after service. There are eight judicial districts across the province.

Effective: 2024

Each party in a marital property proceeding must file a financial statement with the court. This ensures both spouses have a complete picture of the other's income, assets, and debts before the court divides marital property. The court may order confidentiality of the financial statements.

Effective: 2012

A written agreement respecting support, parenting time, decision-making responsibility, or contact may be filed with the court. Once filed, it can be enforced as if it were a court order, giving separation agreements and parenting agreements the same enforceability as judicial orders.

Effective: 2021

Victims of intimate partner violence can obtain an Emergency Intervention Order (EIO) within 24 hours, without the abuser being notified. A Hearing Officer can grant no-contact provisions, exclusive possession of the home, temporary care of children, and removal of firearms. The abuser has 21 days to challenge the order; otherwise it lasts six months. Applications are made through designated service providers, not directly to the court.

Effective: 2018

When making any parenting order, the court must consider the impact of family violence, including the nature, seriousness, and frequency of the violence, whether there is a pattern of coercive and controlling behaviour, harm or risk of harm to the child, and what steps the abuser has taken to prevent further violence. Family violence includes physical, emotional, sexual, and financial abuse.

Effective: 2021

Spouses and common-law partners may enter into marriage contracts, cohabitation agreements, or separation agreements governing property division and support. All domestic contracts must be in writing, signed, and witnessed. The court may override a domestic contract if enforcing it would be inequitable, and will always disregard provisions about children if they conflict with the child's best interests.

Effective: 2012

If a domestic contract conflicts with the Marital Property Act, the contract prevails — meaning couples can agree to different property arrangements than the default equal division. However, the court retains the power under section 43 to disregard any provision that would be inequitable in the circumstances, and under section 39 to override provisions about child support or parenting that are not in the child's best interests.

Effective: 2012

A common-law partner is a person who cohabits in a conjugal relationship with another person without being married. Common-law partners have rights to spousal support (after 3 years of cohabitation with dependency, or cohabitation with a child together) and parenting orders, but do NOT have rights to property division under the Marital Property Act — that statute applies only to married spouses.

Effective: 2021

When dividing property on divorce or separation, the court must effect a fair and equitable division of marital debts and must take into account any tax consequences that might arise from transferring or selling assets. Both spouses share responsibility for debts accumulated during the marriage.

Effective: 2012