How to File for Divorce in New Brunswick: Step-by-Step Guide

Ending a marriage involves a legal process with its own forms and sequence. If you are ready to start, it helps to know what the court needs, who files what, and what happens if your spouse does not agree.

This article walks through the process in plain terms for New Brunswick. It is general information, not advice for your situation, and the details of your case can change the steps.

This article covers the law of New Brunswick.

Check that you can file in New Brunswick

Under the federal Divorce Act, a court may grant a divorce on the ground that the marriage has broken down. The usual way to show this is that you and your spouse have lived separate and apart for at least one year immediately before the divorce is decided.

There is also a residence requirement. A court in a province can hear a divorce if either spouse has lived in that province habitually for at least one year immediately before the proceeding starts.

There is an exception to the one-year wait. Breakdown can also be shown where the other spouse has committed adultery or treated you with physical or mental cruelty that makes living together intolerable.

Decide between a joint or a single filing

Divorce proceedings in New Brunswick are in the Court of King's Bench, Family Division, and use the Rule 72 forms. Your first choice is how to start.

Your spouse's signature or agreement is not a condition of the one-year ground, so a divorce can proceed on one spouse's petition even if the other does not cooperate. Agreement matters mainly for a joint petition.

The steps from start to finish

The exact steps depend on whether the divorce is joint or contested, and the court's current instructions should be checked before you file. In general, the forms follow this order.

• Start the case with Form 72A, the Petition for Divorce, or file Form 72B together with your spouse.
• If you filed alone, serve your spouse with the Notice of Petition for Divorce, Form 72C.
• Your spouse may respond. The forms allow for an Answer (72D), an Answer and Counter-Petition (72F), and a Notice of Intent to Defend (72I).
• You may reply to an Answer using Form 72E.
• A Financial Statement, Form 72J, is among the forms in the Rule 72 set.
• Once the case is ready, a Request for Divorce (72K) is filed, and a Divorce Judgment (72M or 72N) follows.
• After the judgment, a Certificate of Divorce (72O) is the final form in the set.

What the court checks before granting a divorce

The judge does not simply sign off on the forms. If there are children of the marriage, the court must be satisfied that reasonable arrangements have been made for their support. The court must dismiss the application if there was collusion in presenting it. The Divorce Act also puts a duty on the court to consider the possibility of reconciliation.

Parties are also expected to try to resolve the issues that may be the subject of an order, including through family dispute resolution processes, to the extent appropriate.

What to do next

A divorce ends the marriage, but parenting, support and property are separate questions. The Family Division also handles Family Law Act matters such as parenting and support. For married spouses, property is divided under the Marital Property Act, and an application for division must generally be made within sixty days after a divorce takes effect, though the Court can extend that time in limited situations. Because that window is short, raise property early.

• Confirm your separation date and be ready to show it.
• Confirm that you or your spouse has lived in New Brunswick for at least one year.
• Gather identification, your marriage certificate, and income and asset records.
• Think about parenting and support arrangements for any children.
• Ask a lawyer to confirm current filing steps and how your facts affect the process.

Frequently asked questions