New Brunswick Divorce Forms: Every Form You Need and When to File Each One

Filing for divorce in New Brunswick means dealing with a stack of court forms, each with its own deadline and filing fee. The forms are free to download from the Court of King's Bench website, but knowing which ones you need — and in what order — saves weeks of delays and rejected filings.

Here is the complete list, organized by when you need each one.

Forms You File to Start the Divorce

Form 72A — Petition for Divorce (Sole). Used when one spouse files alone. The petition states the grounds for divorce (almost always one year of separation), identifies any claims for property division, spousal support, or child custody, and must be served on the other spouse. Filing fee: $100.

Form 72B — Petition for Divorce (Joint). Used when both spouses file together. This is faster because there is no need for formal service — both parties sign the petition. Same $100 filing fee.

Clearance Certificate. Required with every petition. This confirms no other divorce proceeding is active in Canada for the same marriage. The Central Registry of Divorce Proceedings in Ottawa processes it. Fee: $10.

Total cost to start: $110.

Forms for Financial Disclosure

Form 72J — Financial Statement. This is the most important form for anyone dividing property or claiming support. It is a mandatory, sworn document that discloses all income, assets, debts, and monthly expenses. Both spouses must file one if property division or support is in play.

Form 72J must be accompanied by three years of CRA Notices of Assessment, three years of T4/T5 slips, and three recent pay stubs. It must be sworn before a Commissioner of Oaths. Deliberately omitting assets or income constitutes perjury.

Forms for Responding and Contesting

Form 72C — Answer. Filed by the respondent spouse who was served with a sole Petition (Form 72A). The respondent has 20 days after service to file an Answer. If they agree to everything, an Answer is not strictly required — the divorce proceeds as uncontested. Filing fee: $20.

Form 72D — Answer and Counter-Petition. Used when the respondent disagrees with the terms of the petition and wants to make their own claims (different property division, different custody arrangement). Filing fee: $20.

Which Court Rule Applies to You

New Brunswick operates two entirely different procedural systems depending on where you live:

Rule 81 (Moncton and Saint John districts) — covers Westmorland, Albert, Kent, Saint John, Kings, and Charlotte counties. These districts use a Case Management Model with a Case Management Master who triages cases, conducts settlement conferences, and can issue binding interim orders. You may encounter Form 81A and Form 81C for case management filings.

Rule 72 (all other districts) — Fredericton, Bathurst, Campbellton, Edmundston, Miramichi, and Woodstock. These districts follow traditional civil litigation procedures with standard motions and trial scheduling.

The forms themselves are the same — it is the procedural pathway and judicial oversight that differ. Rule 81 districts tend to push cases toward settlement faster through structured conferences.

Forms at the End of the Divorce

Form 72L — Agreement Not to Appeal. Optional but useful. A divorce judgment normally takes effect 31 days after it is granted, allowing time for either party to appeal. If both spouses sign Form 72L, the divorce takes effect immediately. No fee.

Form 72M / Form 72N — Divorce Judgment. The court issues this when the divorce is finalized. You do not fill these out — the court prepares them based on your petition and any consent orders.

Certificate of Divorce. Your official proof that the marriage is dissolved. Fee: $7.

Forms for After the Divorce

Form ISP-1901 — CPP Credit Split Application. Filed with Service Canada, not the court. Divides Canada Pension Plan contributions accumulated during the marriage. CPP credit splitting is mandatory in New Brunswick — it cannot be waived by agreement.

CRA Form T2220 — Transfer from an RRSP. Required to transfer RRSP funds to a spouse tax-free as part of a court-ordered or agreed property division. Without this form, the transfer triggers full income tax on the withdrawn amount.

Vestcor Marriage Breakdown Application. For provincial public-sector pensions (teachers, civil servants, hospital workers). Up to 50% of the pension earned during the marriage can be transferred to the non-member spouse's LIRA.

Where to Get the Forms

All court forms are available free online through the New Brunswick government website and the Public Legal Education and Information Service (PLEIS-NB) at familylawnb.ca. Physical copies from Service New Brunswick offices cost a small print fee ($10 to $20 depending on pages).

Low-income filers who receive social assistance or are represented by Legal Aid New Brunswick qualify for automatic court fee waivers under Rule 72.24(2).

The New Brunswick Divorce Financial Split & Asset Division Guide walks through each form with a preparation checklist so you know exactly what documentation to gather before you start filling anything out.

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