Form 72J New Brunswick: How to Complete Your Sworn Financial Statement

Form 72J is the single most important document in a New Brunswick divorce that involves property division or support. It is a mandatory, sworn financial statement filed with the Court of King's Bench, and getting it wrong — or leaving things out — can result in cost awards, voided settlements, or perjury charges.

Here is what each section requires and how to prepare before you start filling it in.

Why Form 72J Exists

Under Section 12 of the Marital Property Act and Rule 72.12 of the Rules of Court, both spouses must file a complete, sworn Form 72J whenever property division, child support, or spousal support is claimed. The court will not process property-related orders without it.

The form must be sworn or affirmed before a Commissioner of Oaths. Every number you put on it is a legal declaration — deliberate omissions or false statements carry the same consequences as lying under oath.

The Four Sections of Form 72J

Income

This section captures every source of revenue: employment income, self-employment earnings, rental income, investment returns, government benefits, and pension income. You must attach:

• Three years of federal income tax returns
• Three years of CRA Notices of Assessment
• Three years of T4 and T5 slips
• Your three most recent pay stubs

If you are self-employed, expect to provide business financial statements as well. The court needs a complete picture of earning capacity, not just what shows up on a single pay stub.

Assets

List every asset at its fair market value as of the separation date — not the purchase price or the assessed tax value. Categories include:

• Real property (the matrimonial home, rental properties, cottages)
• Vehicles (cars, trucks, boats, recreational vehicles)
• Bank accounts (chequing, savings, joint accounts)
• Investments (RRSPs, TFSAs, GICs, stocks, mutual funds)
• Pensions (Vestcor provincial pensions, federal pensions, employer plans)
• Life insurance policies with cash surrender value
• Personal property of significant value (jewelry, art, collections)
• Business interests (shares, partnerships, sole proprietorships)

For the matrimonial home, you need a professional appraisal — municipal tax assessments are not accepted as fair market value for court purposes. For pensions, request a Family Law Value statement from the plan administrator (Vestcor for provincial employees, or the Government of Canada Pension Centre for federal employees).

Debts

Every liability gets listed with the creditor's name, account number, and outstanding balance as of the separation date:

• Mortgage balance
• Car loans
• Lines of credit (joint and individual)
• Credit card balances
• Student loans
• Personal loans
• CRA tax arrears

Under the Marital Property Act, marital debts are shared equally regardless of whose name is on the account. Listing everything accurately protects you from being saddled with debts you did not know about during negotiations.

Monthly Expenses

A detailed household budget showing current monthly spending. This section supports spousal and child support claims by establishing the standard of living during the marriage and the financial needs after separation.

Include housing costs, utilities, groceries, transportation, insurance premiums, children's expenses (school fees, activities, medical), and personal spending. Courts look at this section to calibrate support amounts using the Spousal Support Advisory Guidelines (SSAG).

Common Mistakes That Get People in Trouble

Undervaluing assets. Using the purchase price of a vehicle bought five years ago instead of its current fair market value. The court expects current values for everything.

Forgetting digital assets. Cryptocurrency holdings, online investment accounts, and digital wallets are financial assets that must be disclosed. Courts are increasingly alert to these omissions.

Omitting the spouse's pension. Many people forget that their own employer pension is a marital asset subject to division. If you have been contributing to a Vestcor pension or a federal superannuation plan during the marriage, it belongs on your Form 72J.

Not attaching the required documents. The form without its supporting paperwork — tax returns, pay stubs, CRA assessments — is incomplete. The court can refuse to process it and the other side can request cost awards for the delay.

What Happens If You Hide Something

New Brunswick courts draw adverse inferences against non-disclosure. If your spouse can show you failed to list an asset or understated its value, the court can:

• Assume you own the assets the other side claims you have
• Issue property or support orders based on the other party's numbers
• Award legal costs against you
• Set aside any agreement that was based on incomplete disclosure

The court can also impute income if you appear to be deliberately underemployed or funneling earnings through a business to reduce your reported income.

Getting Your Documents Ready Before You Start

The biggest time sink with Form 72J is gathering documentation, not filling in the form itself. Before you open the form, assemble a complete file:

1. Request your last three CRA Notices of Assessment from the CRA My Account portal
2. Collect pay stubs for the last three months from your employer
3. Get current statements from every bank, investment, and credit account
4. Request a pension valuation from your plan administrator
5. Order a home appraisal if real property is involved
6. Pull your credit report to catch any debts you may have forgotten

Atlantic Canada family lawyers charge an average of $345 per hour plus HST. Arriving at your lawyer's office with an organized financial file instead of a box of unsorted statements can save several hours of billable time.

The New Brunswick Divorce Financial Split & Asset Division Guide includes a Form 72J preparation checklist and fillable worksheets that organize your financial data into the exact categories the form requires — so you can compile everything at home before copying it onto the official document.

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