How Long Does an Uncontested Divorce Take in New Brunswick?

When you and your spouse agree that the marriage is over, you probably want to know one thing: how long until you are legally divorced? The honest answer is that there is no single number. Much of the time is the separation period itself, and the court steps that follow depend on how complete your paperwork is.

This article walks through the usual stages of an uncontested divorce in New Brunswick, what the separation requirement means, and what tends to slow things down. It explains how things generally work. A lawyer can confirm the timing that applies to your situation.

This article covers the law of New Brunswick.

The separation period is usually the longest part

A divorce under the federal Divorce Act is granted on the ground that the marriage has broken down. The most common way to show that is to have lived separate and apart for at least one year immediately before the divorce proceeding is decided.

You can be treated as living separate and apart for a period during which you lived apart, and the Act also requires that at least one of you intended to live separate and apart. This means the clock can run even if you still shared a home, although you may need to prove it.

If you try to reconcile, the separation is not considered interrupted if you resume living together for not more than ninety days and the main purpose is reconciliation.

There is an exception to the one-year wait. Breakdown can also be established where the other spouse has committed adultery or treated you with physical or mental cruelty that makes continued living together intolerable. How this applies depends on your situation, so it is worth confirming with a lawyer.

The usual steps from filing to certificate

Divorce proceedings in New Brunswick are in the Court of King's Bench, Family Division, and use the Rule 72 forms. To file in New Brunswick, one spouse must have been habitually resident in the province for at least one year immediately before the proceeding starts.

Spouses who agree can file together using Form 72B, the Joint Petition for Divorce, rather than one spouse filing Form 72A and serving the other with a Notice of Petition (72C). Joint filing is usually the simplest route because there is no service step and no response to wait for.

These are the forms named in the Rule 72 list. After the petition, a Request for Divorce (72K) and Divorce Judgment (72M/72N) follow, then a Certificate of Divorce (72O). Which forms you need and in what order depends on your file, so confirm the steps with the court or a lawyer.

What can cause delays

Even an agreed divorce is not automatic. The court must satisfy itself that reasonable arrangements have been made for the support of any children of the marriage. If your paperwork on children is incomplete or unclear, expect questions or requests for more information.

• Incomplete or incorrect forms, or missing documents from the Rule 72 set, such as a Financial Statement (Form 72J).
• Unsettled arrangements for children, since the court must be satisfied about their support.
• Disagreement that arises after filing. If the other spouse disagrees, the forms provide for an Answer, an Answer and Counter-Petition, a Notice of Intent to Defend and a Reply.
• Not yet having lived separate and apart for the required period.
• Unresolved issues such as parenting or support, which the parties are expected to try to resolve, including through family dispute resolution processes where appropriate.

The court also has a duty to consider the possibility of reconciliation, and must dismiss an application if there was collusion in presenting it.

When the divorce actually takes effect

A divorce is not complete when you file. The process ends with a Divorce Judgment and then a Certificate of Divorce. Ask the Family Division, or a lawyer, for the current timing and how to confirm the effective date, since how you will use the certificate depends on your situation.

Timing after the divorce also matters for property. An application to divide marital property must generally be made within sixty days after a spouse ceases to be a spouse because of a divorce, although the Court can extend the time in limited situations. If you have not settled property in writing, raise this before the divorce is final.

What to do next

Settle the details before you file rather than after. A signed and witnessed separation agreement is a written domestic contract, and a valid one generally prevails over the Marital Property Act on conflicting points. Getting independent legal advice matters, because the Court may disregard a provision if a spouse signed without independent advice and applying it would be inequitable.

• Work out the date you began living separate and apart, and gather anything that shows it.
• Confirm that one of you has lived in New Brunswick for at least one year.
• Agree on parenting, child support, spousal support and property, and put it in writing.
• Check whether a Financial Statement (Form 72J) is among the forms you need to prepare, since it is one of the Rule 72 forms.
• Decide whether to file jointly on Form 72B.
• Ask the Family Division or a lawyer about current processing times and how the divorce takes effect.

Frequently asked questions