Doing Your Own Divorce in New Brunswick: A Step-by-Step DIY Guide
Doing Your Own Divorce in New Brunswick: A Step-by-Step DIY Guide
A self-represented divorce in New Brunswick costs as little as $110 in court fees. The process is straightforward if both spouses agree on everything — but there are specific procedural requirements that trip up DIY filers, especially around financial disclosure and the strict 60-day property division deadline.
Here is the complete process from separation to final divorce judgment, with the filing fees and deadlines at each stage.
Before You File: Confirm You Qualify
You can file for divorce in New Brunswick if at least one spouse has been ordinarily resident in the province for at least one full year immediately before filing. The sole ground for divorce in Canada is marriage breakdown, which is almost always established by living separate and apart for one year.
You can file the petition before the one-year separation period is complete — the court simply will not grant the divorce judgment until the full 12 months have passed.
Spouses can be legally separated while living under the same roof, provided they have genuinely separated their lives: separate sleeping arrangements, separate finances, no shared meals or social activities, and both have communicated the separation to family and friends.
Step 1: Decide Between Sole and Joint Petition
Joint Petition (Form 72B) — both spouses sign and file together. No formal service is required, which saves time and the cost of a process server. This is the simplest path when both sides agree on all terms.
Sole Petition (Form 72A) — one spouse files alone. The petition must be formally served on the other spouse, who then has 20 days to file an Answer (Form 72C). If they agree with everything and do not file an Answer, the divorce proceeds as uncontested.
Filing fee for either petition: $100. Plus $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa.
Step 2: Know Which Court Rule Applies
New Brunswick operates two different procedural systems:
Rule 81 applies if you live in Westmorland, Albert, Kent, Saint John, Kings, or Charlotte counties. These cases are filed at the Moncton or Saint John courthouses under a Case Management Model — a Case Management Master oversees your case, schedules settlement conferences, and can issue interim orders.
Rule 72 applies everywhere else — Fredericton, Bathurst, Campbellton, Edmundston, Miramichi, and Woodstock. These districts use traditional litigation procedures.
The forms are the same under both rules. The difference is how the court manages your case after filing.
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Step 3: Prepare Your Financial Statement (Form 72J)
If your divorce involves property division, spousal support, or child support, both spouses must complete a sworn Financial Statement (Form 72J). This is mandatory — the court will not process property orders without it.
Form 72J requires:
- All sources of income, backed by three years of CRA Notices of Assessment and recent pay stubs
- Every asset at fair market value as of the separation date (the home, vehicles, bank accounts, investments, pensions)
- Every debt with the creditor name, account number, and balance
- A detailed monthly expense budget
The form must be sworn before a Commissioner of Oaths. Leaving out assets or understating values can result in cost awards, voided agreements, or perjury charges.
This is where most DIY filers get stuck — not because the form is complex, but because gathering the documentation takes time. Start collecting CRA assessments, pension statements, and bank records well before you plan to file.
Step 4: Handle Property Division Before or During the Divorce
A common mistake: assuming the divorce judgment automatically divides your property. It does not.
Under Section 3(2) of the Marital Property Act, you have exactly 60 days after the divorce becomes final to file a separate application for property division. Miss that window and you lose the statutory right to equal division — assets get divided by legal title.
The safest approach is to settle property through a written separation agreement before you file for divorce, or to include your property claims in the divorce petition itself so both proceed on the same timeline.
New Brunswick's default is strict 50/50 division of all family assets, regardless of whose name is on the title. This includes the matrimonial home, vehicles, bank accounts, RRSPs, TFSAs, and pensions accumulated during the marriage.
Step 5: Serve the Petition (Sole Filing Only)
If you filed a Sole Petition (Form 72A), you must formally serve the other spouse. Options:
- Sheriff's Office: $50 to $100
- Private process server: $75 to $250
The respondent has 20 days to file an Answer. If they do not respond, the divorce continues as uncontested.
Step 6: Wait for the Divorce Judgment
For an uncontested divorce where both spouses agree on all terms, the court can issue a divorce judgment once the one-year separation period has elapsed and all paperwork is in order. Uncontested cases typically take 2 to 4 months after filing.
The divorce judgment does not take effect immediately — there is a 31-day appeal period. Both spouses can waive this by signing Form 72L (Agreement Not to Appeal), which makes the divorce effective right away.
Step 7: Execute the Financial Split
Once the divorce is final (or before, if you signed a separation agreement), execute the actual asset transfers:
- CPP credits: file Form ISP-1901 with Service Canada (mandatory in NB — cannot be waived)
- RRSPs: transfer via CRA Form T2220 to avoid tax penalties
- Provincial pensions: file the Vestcor marriage breakdown application for up to 50% of the marital portion
- Matrimonial home: arrange the sale, buyout, or title transfer through a real estate lawyer
- Beneficiary designations: manually update every life insurance, RRSP, TFSA, and pension beneficiary — divorce does not revoke them automatically
What to Do If You Need Help but Cannot Afford a Lawyer
New Brunswick Legal Aid provides family law representation for eligible low-income applicants, though it does not cover property division. Family Advice Lawyers at courthouse Family Law Information Centres (FLICs) offer two hours of free advice on eligible issues.
Private mediation runs $150 to $300 per hour, with total costs typically between $2,000 and $4,000 — a fraction of the $11,000+ average for contested litigation.
The New Brunswick Divorce Financial Split & Asset Division Guide provides the worksheets, calculators, and step-by-step organization system for handling the financial side of a DIY divorce — so you can arrive at mediation or your lawyer's office with everything already sorted.
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Download the New Brunswick — Marital Asset & Debt Inventory Checklist — a printable guide with checklists, scripts, and action plans you can start using today.