The basic court filing fee to submit a Petition for Divorce at the Court of King’s Bench in New Brunswick is $100.00 CAD (plus a $10.00 CAD federal clearance check fee), while starting a non-divorce family law case with a Notice of Application costs $75.00 CAD. Motions and default requests are free of charge ($0.00 CAD).
When you decide to take a family matter to court, understanding the required government charges is just as important as knowing your legal rights. The court filing fees for a family law case in New Brunswick are standardized across the province, meaning you will pay the same amount whether you are filing in Moncton, Fredericton, or Saint John. 💰 These fees go directly to the provincial government to cover the administrative costs of processing your paperwork.
It is important to note that court fees are entirely separate from what you pay your law firm. While your lawyer charges for their time and legal expertise, court filing fees are mandatory government tariffs. Most applicants in this province rely on their lawyer to handle these payments on their behalf, adding the cost to their final legal bill as a “disbursement.”
Step-by-Step Process to File Family Law Documents in New Brunswick
Filing documents at the Court of King’s Bench (Family Division) follows a strict procedural path. Missing a step or failing to pay the correct fee can result in your application being rejected by the court clerk, which delays your entire case. Here is a general outline of how the filing process works in the province.
Step 1: Preparing the Required Forms
Before any fees are paid, you must fill out the correct provincial court forms. For example, if you are starting a divorce, you will need a Petition for Divorce. 📝 If you are addressing parenting time or spousal support without a divorce, you will generally use a Notice of Application. Ensuring these forms are filled out accurately, often with the help of a lawyer, is the critical first step.
Step 2: Submitting Documents to the Court of King’s Bench
Once your paperwork is thoroughly prepared and signed, it must be submitted to the local courthouse registry. You or your legal representative will take the original forms, along with multiple copies, to the clerk’s counter. The clerk will review the documents strictly for formatting and procedural correctness, not for legal strategy.
Step 3: Paying the Court Filing Fees
At the time of submission, the court clerk will request payment for the required filing fees. The registry accepts payment via debit card, credit card, certified cheque, or sometimes cash. 💳 Once the fee is paid, the clerk will stamp your documents with an official court seal, assign you a specific file number, and return the copies to you for serving on the other party.
How Much Does it Cost in New Brunswick?
Court tariffs are set by provincial regulations and are subject to periodic updates. Below is an overview of the typical court filing fees you can expect when navigating the family justice system in New Brunswick as of 2026:
| Type of Document / Action | Court Fee (CAD) |
|---|---|
| Filing a Petition for Divorce (Sole or Joint) | $100.00 (plus $10.00 federal clearance fee) |
| Filing a Notice of Application | $75.00 |
| Filing a Notice of Motion (or Motion to Vary) | $0.00 (Free) |
| Requesting a Default Judgment | $0.00 (Free) |
| Issuing a Certificate of Divorce | $7.00 |
Keep in mind that if you are strictly applying for child support under the provincial Family Law Act, the court may waive the standard filing fees entirely. Always verify the exact fee structure with your local registry or your legal counsel before submitting your documents.
How Long Does the Process Take?
The actual act of paying the fee and having your documents stamped usually takes less than 30 minutes at the courthouse counter. ⏱ However, once the initial fees are paid, processing a standard uncontested divorce application by a judge can take approximately 3 to 6 months in New Brunswick, depending on the current backlog at your local Court of King’s Bench.
Frequently Asked Questions (FAQ)
Can I get court filing fees waived in New Brunswick?
Yes, if you are experiencing severe financial hardship, you may be entitled to apply for a fee waiver. You must submit a specific financial statement to the court proving that paying the fees would cause undue hardship to you and your dependents.
Do I have to pay a fee every time I submit a new document?
No, not every document carries a fee. You generally pay when starting the case (such as $100.00 CAD for a Petition for Divorce or $75.00 CAD for a Notice of Application). Many common family law filings, including filing a Notice of Motion or requesting a default, do not carry any court filing fees ($0.00 CAD). Responding documents, like a standard Answer, also typically do not require a filing fee.
What is the $10 federal fee for divorce?
When you file for divorce, the court must check the Central Registry of Divorce Proceedings in Ottawa to ensure neither you nor your spouse has already filed for divorce in another Canadian province. The federal government charges a mandatory $10 CAD fee for this clearance check.
How does my lawyer charge me for court fees?
If you have hired a law firm, they will usually pay the court registry directly from their own accounts or from your retainer funds. These exact costs will then appear on your monthly invoice under the section clearly labelled as disbursements.
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