In New Brunswick, an uncontested divorce has a base court filing fee of $110 CAD, plus a $7 fee for your Certificate of Divorce. If you hire a local lawyer to draft the paperwork and ensure everything is filed correctly, legal fees generally range from $1,500 to $3,500 CAD.
Deciding to end a marriage is never easy, but choosing the uncontested route can save you significant time, money, and emotional stress. An uncontested divorce means that both you and your spouse agree on all major issues, including property division, spousal support, and parenting time. Because there are no disputes to resolve in a trial, the legal costs are much lower.
In this guide, we will break down exactly how much an uncontested divorce costs in New Brunswick as of 2026. 💰 We will also outline the fees you can expect if you choose to hire a local law firm versus filing the paperwork yourself. Whether you live in Fredericton, Moncton, or Saint John, understanding these expenses will help you budget for your fresh start.
Step-by-Step Process in New Brunswick
Even though an uncontested divorce is straightforward, you must still follow the official procedures of the Court of King’s Bench, Family Division. 📋 You can file alone using a Sole Petition or together with your spouse using a Joint Petition. A Joint Petition is often the cheapest method because it avoids the cost of formally serving documents.
Step 1: Gathering Documents and Resolving Issues
Before you file any paperwork, you and your spouse must have a complete agreement on how to handle your shared lives. This includes drafting a separation agreement that clearly outlines decision-making responsibility for any children and how you will divide your assets. The court needs to see that reasonable child support arrangements have been made before they will grant a divorce.
Step 2: Filling Out the Required Forms
In New Brunswick, you will primarily use Form 72A (Petition for Divorce) if you are filing alone, or Form 72B (Joint Petition for Divorce) if you file together. ✍ You will also need to prepare a Trial Record, which includes your marriage certificate, the clearance certificate from the Central Registry of Divorce Proceedings in Ottawa, and an affidavit swearing that the information is true.
Step 3: Filing at the Local Court Centre
Once your documents are ready, you will take them to the registrar at the Court of King’s Bench in your judicial district. Whether you visit the courthouse in Moncton, Saint John, or another local centre, you can usually pay your filing fee by cheque or card. The court staff will stamp your documents and give you a court file number, which officially starts the process.
How Much Does it Cost in New Brunswick?
The cost of an uncontested divorce in New Brunswick is split into two main categories: mandatory court fees and optional professional fees. 💵 If your case is extremely simple, you might only pay the government fees. However, most people choose to hire a lawyer to ensure their separation agreement is legally binding and their paperwork is flawless.
- Court Filing Fee: The fee to file your Petition for Divorce is $110 CAD (this includes $100 for the court and $10 for the federal clearance certificate).
- Certificate of Divorce: Once your divorce is finalized, you will pay $7 CAD to get your official certificate.
- Process Server Fees: If you file a Sole Petition, you must officially serve the documents to your spouse. Hiring a professional process server usually costs between $70 and $250 CAD.
- Lawyer Fees: For an uncontested divorce, a New Brunswick law firm will generally charge a flat fee ranging from $1,500 to $3,500 CAD. This covers drafting the agreement, preparing the forms, and filing them on your behalf.
- Mediation Costs: If you need minor help agreeing on parenting time or spousal support, a private mediator usually charges $150 to $300 CAD per hour.
To help you compare, here is a quick breakdown of typical expenses:
| Expense Type | DIY Approach (No Lawyer) | With a Law Firm |
|---|---|---|
| Court Fees | $117 CAD | $117 CAD |
| Serving Documents | $100 CAD (Average) | Included or approx. $100 CAD |
| Legal/Lawyer Fees | $0 CAD | $1,500 – $3,500 CAD |
| Estimated Total | $217 CAD | $1,617 – $3,617 CAD |
How Long Does the Process Take?
In most Canadian provinces, including New Brunswick, you must be separated for at least one full year before the court will legally end your marriage. 📅 You can file the initial paperwork before the year is up, but the judge will not sign the final divorce judgment until the 12-month mark has passed.
Once you have met the one-year separation requirement and filed all your documents, an uncontested divorce usually takes about 4 to 6 weeks to be finalized by a judge. After the judge signs the order, there is an additional mandatory 31-day waiting period before the divorce takes effect, at which point you can request your $7 Certificate of Divorce.
Frequently Asked Questions (FAQ)
Do I need a lawyer for an uncontested divorce in New Brunswick?
No, you are not legally required to hire a lawyer. However, having a law firm review your separation agreement is highly recommended to ensure you do not make costly mistakes regarding spousal support or property division.
Can court fees be waived if I have a low income?
Yes. In New Brunswick, you may qualify for a fee waiver if you receive assistance under the Family Income Security Act or if you meet the financial eligibility requirements for Legal Aid.
What makes a divorce uncontested?
A divorce is uncontested when both spouses completely agree on all issues. This means there are no arguments requiring a judge’s decision on parenting time, decision-making responsibility, or financial division.
Where do I file for divorce in New Brunswick?
You must file your Petition for Divorce at the Family Division of the Court of King’s Bench in the judicial district where either you or your spouse has lived for at least one year.
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