Filing a Joint Petition for Divorce is the fastest and most cost-effective method in New Brunswick if both spouses agree on all terms. You can submit your documents directly to the Court of King’s Bench, bypassing the need for a stressful court appearance, with standard fees sitting around $117 CAD.
Ending a marriage does not always have to be a combative, drawn-out battle in a courtroom. In New Brunswick, couples who amicably agree on how to untangle their lives can opt for a Joint Divorce. 👪 This modernized legal avenue allows you and your ex-spouse to apply together, presenting a united front to the court and saving thousands of dollars in legal battles.
A joint application shows the judge that there are no lingering disputes over spousal support, the division of marital property, or decision-making responsibility for your children. Whether you are based in Moncton, Fredericton, or a rural community, the Court of King’s Bench allows for streamlined processing of these cooperative applications, getting you to your fresh start much faster.
Step-by-Step Process for a Joint Divorce in New Brunswick
Filing a joint divorce means that neither party is suing the other; instead, you are co-applicants asking the court to dissolve your marriage. 📁 While the federal Divorce Act governs the rules, the actual forms and procedures are specific to New Brunswick’s judicial system. Following the correct sequence ensures your application isn’t rejected for administrative errors.
Step 1: Reach a Comprehensive Agreement
Before you fill out a single court form, you must have a rock-solid agreement on all family matters. You and your spouse need a written separation agreement that clearly dictates parenting time, child support (adhering strictly to federal guidelines), and how you will split your pensions, debts, and the matrimonial home.
Step 2: Complete the Joint Petition
Once you have agreed on everything, you must fill out the required New Brunswick family court forms, specifically the Joint Petition for Divorce. 📝 In this document, you are telling the court that your marriage has broken down (usually by demonstrating a one-year separation) and that you are jointly requesting a divorce order that reflects your separation agreement.
Step 3: Swear Your Affidavits
Courts in Canada rely on sworn evidence. Both you and your spouse must sign an Affidavit in front of a Commissioner of Oaths or a local lawyer. This legally binds you to the truth of the statements in your Joint Petition. Never sign these documents until you are physically in the presence of the authorized official.
Step 4: File with the Court
Finally, you will submit your signed forms, your original marriage certificate, and the court filing fees to your local Court of King’s Bench. 💻 New Brunswick is increasingly supporting electronic submission of documents or filing by mail, meaning you rarely have to step foot inside the actual courthouse to finalize a joint application.
How Much Does it Cost in New Brunswick?
Choosing to file a joint divorce is significantly cheaper than a contested legal battle. Because you are not paying lawyers to fight in court, your expenses are mostly limited to document preparation and government fees.
- Government Court Fees: Expect to pay $110 CAD for the filing of the petition and a $7 CAD fee for the federal Central Registry of Divorce Proceedings clearance.
- Lawyer Fees (Unbundled): Hiring a lawyer just to draft your separation agreement and review your forms typically costs between $1,500 and $2,500 CAD.
- Independent Legal Advice (ILA): It is highly recommended that one spouse gets an independent lawyer to review the final agreement, which usually costs a flat fee of $300 to $600 CAD.
| Feature | Joint Divorce | Contested Divorce |
|---|---|---|
| Court Appearances | None required | Multiple hearings and trial |
| Average Lawyer Fees | $1,500 – $3,000 CAD total | $15,000+ CAD per spouse |
| Level of Conflict | Low (Cooperative) | High (Adversarial) |
How Long Does the Process Take?
In Canada, you must still satisfy the mandatory one-year separation period before a judge can legally end your marriage, even if you are filing jointly. ⌛ If you have already been living separate and apart for a full year, the actual court processing time is quite swift.
Once your Joint Petition is filed at a New Brunswick courthouse, a judge will typically review it within 2 to 4 months. If the judge is satisfied that child support meets federal guidelines and the agreement is fair, they will sign the Divorce Order. The divorce automatically takes effect 31 days after the order is signed.
Frequently Asked Questions (FAQ)
Do we both have to sign the Joint Petition?
Yes. A joint application requires both spouses to act as co-applicants, meaning you must both review, approve, and sign all the necessary court documents and affidavits.
Can we use the same lawyer to file our joint divorce?
A single lawyer can draft the paperwork for you, but they can only legally represent and give advice to one of you. The other spouse must seek Independent Legal Advice from a different law firm to ensure fairness.
What happens if we disagree on child support later?
If a disagreement arises during the joint filing process, you can no longer proceed jointly. The application must be converted into a standard or contested divorce, where one party serves the other.
Will we have to go to court and speak to a judge?
Generally, no. Joint divorces are processed administratively. The judge reviews your sworn documents in their private chambers and issues the order without requiring a physical court hearing.
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