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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Family Law & Divorce New Brunswick

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Family Law & Divorce New Brunswick

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⚖️ Lawyers to Help You in New Brunswick

⭐ Get Featured

👨‍⚖️ Phillips Dempsey – Moncton, NB

🎯 Specialization: Residential Real Estate, Family Law, Criminal Defense, Wills and Estates, Civil Litigation

🗣️ Languages: English

📍 Address: 76 Albert St, Moncton, New Brunswick

📞 CallView Profile

👨‍⚖️ Actus Law Droit – Moncton, NB

🎯 Specialization: Corporate Litigation, Insurance Defence, Estate Planning, Commercial Real Estate

🗣️ Languages: English, French

📍 Address: 774 Main St, Moncton, New Brunswick

🏢 Est: 1996

📞 CallView Profile

👨‍⚖️ LeBlanc Maillet – Moncton, NB

🎯 Specialization: Business Incorporation, Mergers and Acquisitions, Family Law, Estate Planning

🗣️ Languages: English, French

📍 Address: 735 Main St, Moncton, New Brunswick

📞 CallView Profile

👨‍⚖️ New Brunswick Legal Aid Services Commission – Fredericton, NB

✨ Free Consultation

🎯 Specialization: Legal Aid, Criminal Defence, Family Law, Public Trustee Services

🗣️ Languages: English, French

📍 Address: 412 Queen St, Fredericton, New Brunswick

🏢 Est: 2005

📞 CallView Profile

👨‍⚖️ Constable Robert W – Fredericton, NB

🎯 Specialization: Civil Litigation Family Law Real Estate Wills and Estates Commercial Law

🗣️ Languages: English

📍 Address: 412 Queen St, Fredericton, New Brunswick

🏢 Est: 1974

📞 CallView Profile

👨‍⚖️ Robert N Charman – Moncton, NB

🎯 Specialization: Residential Real Estate, Collaborative Family Law, Small Business Incorporation, Estate Planning

🗣️ Languages: English

📍 Address: 170 Highfield St, Moncton, New Brunswick

🏢 Est: 1982

📞 CallView Profile

👨‍⚖️ Sylvie Godin-Charest – Moncton, NB

🎯 Specialization: Collaborative Family Law, Divorce, Child Custody, Bilingual Services

🗣️ Languages: English, French

📍 Address: 171 Lutz St, Moncton, New Brunswick

📞 CallView Profile

👨‍⚖️ Resolution Law – Fredericton, NB

🎯 Specialization: Family Mediation, Collaborative Law, Separation Agreements, Real Estate Closings

🗣️ Languages: English

📍 Address: 264 George St, Fredericton, New Brunswick

📞 CallView Profile

👨‍⚖️ McGrath Boyd – Moncton, NB

🎯 Specialization: Personal Injury, Real Estate, Corporate Law, Wills and Estates, Civil Litigation

🗣️ Languages: English, French

📍 Address: 15 Alma St, Moncton, New Brunswick

🏢 Est: 1978

📞 CallView Profile

👨‍⚖️ A Gordon Shepard Law – Fredericton, NB

🎯 Specialization: Real Estate, Wills and Estates, Insurance Claims, Civil Litigation, Family Law

🗣️ Languages: English

📍 Address: 468 Bowlen St, Fredericton, New Brunswick

📞 CallView Profile

🏛️ Relevant Courts & Agencies in New Brunswick

🍁 PROVINCIAL

🏛️ Court Of King's Bench Of New Brunswick – Moncton, NB

🚶 Walk-ins Welcome

⚙️ Services: Court Orders, Divorce Decrees, Probate Records, Civil Judgments, Writs of Execution

📍 145 Assomption Blvd, Moncton, New Brunswick

📞 CallView Details
🍁 PROVINCIAL

🏛️ Moncton Law Courts – Moncton, NB

📅 Appt. Recommended

⚙️ Services: Court Orders, Marriage Licenses, Criminal Records, Civil Filings, Public Records

📍 145 Assomption Blvd, Moncton, New Brunswick

📞 CallView Details
🍁 PROVINCIAL

🏛️ Fredericton Courthouse – Fredericton, NB

🚶 Walk-ins Welcome

⚙️ Services: Court Records, Protection Orders, Divorce Filings, Civil Judgments, Probate Records

📍 427 Queen St, Fredericton, New Brunswick

📞 CallView Details
🍁 PROVINCIAL

🏛️ Rentalsman – Fredericton, NB

📅 Appt. Recommended

⚙️ Services: Security Deposit Records, Tenancy Adjudications, Standard Lease Forms

📍 432 Queen St, Fredericton, New Brunswick

📞 CallView Details
🇨🇦 FEDERAL

⚖️ Royal Canadian Mounted Police – Moncton, NB

📅 Appt. Recommended

⚙️ Services: Criminal Record Checks, Vulnerable Sector Screening, Fingerprinting, Police Reports, Firearm Information

📍 161 Macbeath Ave, Moncton, New Brunswick

📞 CallView Details
👪

Welcome to the New Brunswick Family Law & Divorce guide centre. Here you will find comprehensive resources covering everything from parenting time to the division of property, based on current provincial regulations.

Overview of Family Law & Divorce in New Brunswick

Family law issues are among the most emotionally and financially taxing challenges a person can face. In New Brunswick, family law is governed by a combination of federal legislation, like the Divorce Act, and provincial laws, such as the Family Services Act and Marital Property Act. Whether you are navigating a difficult separation, seeking a fair division of marital assets, or trying to establish a safe parenting schedule, understanding your legal rights is the crucial first step to finding stability.

The outcome of a domestic dispute can impact your life and your children’s lives for decades. By familiarizing yourself with how spousal support is calculated or how marital debts are divided, you can approach your situation with greater confidence and make decisions that prioritize the well-being of your family and your financial future.

Common Legal Issues We Cover

Local Legal Context & Courts in New Brunswick

In New Brunswick, all major family law proceedings, including divorce, property division, and child protection matters, are handled by the Family Division of the Court of King’s Bench. This specialized court operates in judicial districts across the province, such as Fredericton, Saint John, Moncton, and Miramichi. Judges in the Family Division are specifically trained to handle sensitive domestic matters, ensuring that the best interests of the child remain the top priority in any ruling.

Several provincial agencies and programs also support families navigating the legal system. For instance, the Family Advice Lawyer service provides general legal information, while the Family Support Orders Service (FSOS), managed by the Department of Justice and Public Safety, enforces child and spousal support payments. If immediate safety is a concern, local law enforcement agencies like the RCMP or regional police forces handle emergency intervention orders.

Professional Legal Help & Local Agencies

Navigating the emotional turmoil of a divorce while trying to decipher complex court forms is a recipe for overwhelming stress and costly mistakes. Missing a filing deadline, improperly disclosing financial assets, or poorly negotiating a separation agreement can result in an unfair division of property or an unmanageable support obligation that could take years to correct. Because the stakes are so personal and high, it is heavily recommended to consult with a qualified family lawyer who understands New Brunswick law.

We strictly advise against attempting to represent yourself in the Court of King’s Bench or drafting binding domestic contracts without independent legal advice. You can find a list of relevant local lawyers and government agencies at the top of this page. A compassionate and experienced family lawyer can protect your legal rights, offer objective guidance, and help you transition to the next chapter of your life with peace of mind.

Frequently Asked Questions (FAQ)

What are the grounds for divorce in New Brunswick?

In Canada, the only legally recognized ground for divorce is a breakdown of the marriage. This is most commonly established by proving that you and your spouse have lived separate and apart for at least one year. Other, less common grounds include physical or mental cruelty, or adultery.

How is property divided after a separation?

Under the New Brunswick Marital Property Act, married spouses are generally entitled to an equal division of marital property and marital debts acquired during the marriage. This typically includes the family home, vehicles, pensions, and savings.

Do common-law partners have the same property rights as married couples?

No. In New Brunswick, common-law partners do not have an automatic statutory right to a 50/50 division of property if they separate. They must rely on common law principles, such as unjust enrichment, to claim a share of assets owned by the other partner.

What is the difference between parenting time and decision-making responsibility?

Parenting time refers to the physical time a child spends in the care of each parent. Decision-making responsibility (formerly known as custody) refers to the legal right to make major life choices for the child, such as those concerning healthcare, education, and religion.

How is child support calculated?

Child support is calculated using the mandatory Federal Child Support Guidelines. The base amount is determined by the paying parent’s gross annual income, the number of children requiring support, and the province where the paying parent resides.

How much does a family lawyer cost in New Brunswick?

Legal fees depend heavily on how contentious the separation is. Many family lawyers charge hourly rates ranging from $200 to $450. For an uncontested divorce where both parties agree on all terms, lawyers may offer a flat fee ranging from $1,500 to $3,000.