Skip to content

Canada · Province guide

Separation and divorce inNew Brunswick.

Family law is provincial. Here is how it works in New Brunswick: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for New Brunswick.

Official source: www2.gnb.ca · Court forms: www.courtsnb-coursnb.ca

Property division

The Marital Property Act divides marital property equally between married spouses. Common-law partners rely on trust claims for property.

Child and spousal support

Federal Child Support Guidelines; New Brunswick runs a Child Support Recalculation Service. Divorce is federal under the Divorce Act: one year living separate and apart (or adultery or cruelty). Child support for divorcing parents follows the Federal Child Support Guidelines; spousal support is guided by the Spousal Support Advisory Guidelines.

Filing for divorce

Court: Court of King's Bench of New Brunswick (Family Division)

Divorce is filed in the Court of King's Bench Family Division; a Parent Information Program is available. Fees in the low hundreds.

Pensions

Pension division under the Pension Benefits Act on agreement or order.

Deadlines

Marital property claims are generally brought within a set period after divorce; check the official source for current limits.

Enforcement and legal aid

Support is enforced by the Family Support Orders Service. Support orders and filed agreements can be registered with the provincial maintenance enforcement program, which collects through wage garnishment, licence suspension and federal interception. Legal aid: New Brunswick Legal Aid Services Commission.

Worth knowing. Family Law Information Centres and a Family Advice Lawyer program provide free initial help.

Official guidelines and tools

The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.

Common questions

How is property divided in a New Brunswick divorce?

The Marital Property Act divides marital property equally between married spouses. Common-law partners rely on trust claims for property.

How do I file for divorce in New Brunswick?

Divorce is filed in the Court of King's Bench Family Division; a Parent Information Program is available. Fees in the low hundreds. File in the Court of King's Bench of New Brunswick (Family Division).

When does child support end in New Brunswick?

Child support usually continues until the child reaches the age of majority, which is 19 in New Brunswick. Under the Divorce Act it can continue past that age if the child cannot become independent because of illness, disability or another cause, and courts often treat reasonable full-time post-secondary studies as such a cause.

Check the official source

What happens to property when unmarried couples separate in New Brunswick?

New Brunswick's Marital Property Act does not apply to common-law couples, and common-law partners are never automatically entitled to a share of each other's property. Property generally belongs to the partner who bought or brought it, unless you agree otherwise in a cohabitation or separation agreement.

Check the official source

How long do you need to live in New Brunswick to file for divorce?

Under the Divorce Act, you or your spouse must have been habitually resident in New Brunswick for at least one year before starting the divorce. Divorces are filed with the Court of King's Bench, Family Division.

Check the official source

Official help: Family Law NB (Public Legal Education and Information Service of New Brunswick). Rules change, so confirm with a family lawyer in New Brunswick before you rely on them.

New Brunswick

Get organised in New Brunswick

Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organised into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.

See pricingFind a New Brunswick professional

This page is legal information, not legal advice. It summarises how the process works in New Brunswick so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for New Brunswick; a local lawyer prepares any agreement and advises you before you sign.