- A New Brunswick court can hear a divorce if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts.
- Residency is a separate requirement from the ground for divorce, which is usually one year of living separate and apart.
- Divorces in New Brunswick are filed in the Court of King's Bench, Family Division, using Rule 72 forms.
If you have recently moved to or from New Brunswick, you may be wondering whether you can start a divorce here yet. The Divorce Act sets a residency rule, and it works differently from what many people expect.
This article explains the rule, how it differs from the separation period, and practical ways to show where you have been living.
This article covers the law of New Brunswick.
The one-year residency rule
Under the federal Divorce Act, a court in a province has jurisdiction to hear a divorce proceeding if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts.
The rule is met if either spouse has been habitually resident in the province for that year, so it does not matter which of you has the longer connection to the province.
Residency is not the same as separation
People often mix up two different one-year periods. The court may grant a divorce on the ground that the marriage has broken down. Breakdown is established if the spouses have lived separate and apart for at least one year immediately before the divorce is decided.
| Requirement | What the Divorce Act says |
|---|---|
| Residency | Either spouse habitually resident in the province for at least one year immediately before the proceeding starts |
| Ground (usual) | Spouses lived separate and apart for at least one year immediately before the divorce is decided |
| Ground (exception) | Adultery or physical or mental cruelty that makes continued cohabitation intolerable, with no one-year wait |
Spouses are deemed to have lived separate and apart for any period during which they lived apart, as long as at least one of them intended to live separate and apart, so the separation period can run even if you shared a home, subject to proof. A reconciliation attempt of not more than ninety days, with reconciliation as its primary purpose, does not interrupt the separation period.
If you recently moved
- You moved to New Brunswick less than a year ago: you may not meet the rule yourself, but a New Brunswick court can still hear the case if your spouse has been habitually resident here for at least one year.
- You moved away from New Brunswick: the same rule is written for a court in a province, so whether a New Brunswick court can hear your case depends on whether either of you still meets it. Where you can file after a move is worth confirming with a lawyer.
- You are unsure where you are habitually resident: this can depend on the facts, such as where you work, live and keep your belongings. Ask a lawyer before filing.
Questions about parenting and contact are a different matter from the residency rule for a divorce. Under the Family Law Act, the Court may make or vary a parenting or contact order if the child is habitually resident in New Brunswick when the application begins, and it may also have jurisdiction where the child is present and would likely suffer serious harm otherwise. How this applies to your situation depends on the details, so it is worth confirming with a lawyer.
How to show where you have lived
The material you need depends on your situation, but the aim is to show a steady pattern of living in New Brunswick. Documents that commonly help include:
- Lease, mortgage statements or property tax bills showing your address.
- Driver's licence, health card and other government identification.
- Employment records, pay stubs or school enrolment for children.
- Tax returns and bank statements that show a New Brunswick address.
- Utility, phone and internet bills in your name.
- Records showing when and where you moved, such as moving receipts.
Gaps or overlapping addresses can raise questions, so be ready to explain them.
Filing in New Brunswick and next steps
Divorce proceedings in New Brunswick are in the Court of King's Bench, Family Division, using Rule 72 forms, including Form 72A, the Petition for Divorce. Spouses who agree can file together using Form 72B, the Joint Petition for Divorce.
If your spouse does not cooperate, the divorce can still proceed on a petition by one spouse, and the court decides after the separation is proved. Before a divorce is granted, the court must also be satisfied that reasonable arrangements have been made for the support of any children of the marriage.
Next, write down the date each of you moved to New Brunswick and the date you separated, gather the documents above, and speak with a family lawyer about timing, especially if either of you has moved recently.
Frequently asked questions
Do both spouses have to live in New Brunswick?
No. The rule is met if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts.
Can I file for divorce before we have been separated a year?
Residency and separation are different tests. A divorce is usually granted after one year of living separate and apart, although adultery or cruelty that makes continued cohabitation intolerable can also establish breakdown. Speak with a lawyer about your timing.
What if my spouse refuses to sign anything?
Agreement is not a condition of the one-year separation ground, so one spouse can petition and the court decides after the separation is proved. Agreement matters mainly for a joint petition.
Which court handles my divorce?
In New Brunswick, divorce proceedings are in the Court of King's Bench, Family Division, using the Rule 72 forms.
Sources
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Court of King's Bench of New Brunswick – Family Division forms — courtsnb-coursnb.ca
- Family Law Act, SNB 2020, c. 23 — laws.gnb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $1,723.85, tax included. Third-party fees are extra.