In New Brunswick, full financial disclosure is mandatory for resolving family law matters like spousal support or property division. If your ex-partner refuses to cooperate, you can file a motion at the Court of King’s Bench to force compliance, and the court may order them to pay your legal costs.
Going through a separation is already stressful, but it becomes much harder when a former partner hides assets or refuses to share financial documents. In New Brunswick, the law requires both parties to provide a complete and honest picture of their finances. This is essential for calculating fair child support, spousal support, and dividing property. 📍
If you are dealing with a spouse who ignores requests for bank statements, tax returns, or business records, you are not out of options. The family justice system in this province has specific tools to compel uncooperative individuals to share their financial reality. Whether you live in Moncton, Fredericton, or Saint John, the courts take financial transparency very seriously.
Step-by-Step Process in New Brunswick
Dealing with a refusal to disclose finances generally follows a structured legal path. While the exact forms may vary depending on your specific situation, the process at the Court of King’s Bench remains consistent across the province. 📄
Step 1: Sending a Formal Request
Before rushing to a judge, you must usually prove that you tried to get the information voluntarily. Most individuals start by having their lawyer request the mandatory Financial Statement (Form 72J), as New Brunswick does not use a separate formal “Notice to Disclose” form. This request outlines exactly which documents are missing and gives the other party a clear deadline, typically 15 to 30 days, to exchange their sworn Form 72J along with tax assessments, pay stubs, and banking history.
Step 2: Filing a Motion to Compel Disclosure
If the deadline passes and your ex-partner still refuses to sign or provide the documents, you can escalate the matter. ⚖ You will generally need to file a Notice of Motion with the local Court of King’s Bench. You must include an Affidavit-a sworn statement detailing the timeline of your requests and proving that the other party is ignoring their legal duties.
Step 3: Attending the Court Hearing
Once your motion is filed and served to your ex-partner, a judge will review the case. At the hearing, the judge can issue a strict court order demanding the documents by a specific date. If the spouse continues to hide assets after this order, they can be held in contempt of court, which carries severe penalties, including fines or even jail time.
How Much Does it Cost in New Brunswick?
The costs associated with forcing financial disclosure can vary depending on how strongly your ex-partner resists. 💰 While the court system tries to keep basic fees accessible, legal representation is usually the largest expense.
- Court Filing Fees: Filing a standard interim family motion at the Court of King’s Bench costs $0 CAD, as there are no provincial fees for filing interim motions in New Brunswick family cases.
- Lawyer Fees: Most family lawyers in New Brunswick charge between $250 and $450 CAD per hour. Preparing and arguing a motion for disclosure can cost anywhere from $1,500 to $3,500 CAD.
- Cost Awards: If the judge agrees that your ex-partner was unreasonably withholding documents, they may order your ex to reimburse a portion of your legal fees.
How Long Does the Process Take?
Resolving disclosure disputes requires patience, as court schedules in cities like Saint John and Moncton can be busy. ⌚
| Process Stage | Estimated Timeline |
|---|---|
| Initial Formal Request | 15 to 30 days for a response |
| Getting a Court Date for a Motion | 4 to 8 weeks after filing |
| Receiving the Documents | 14 to 30 days after the judge’s order |
Frequently Asked Questions (FAQ)
Can I just guess my spouse’s income if they refuse to tell me?
In some cases, yes. If a spouse repeatedly refuses to provide financial information, a judge has the power to impute their income. This means the court will assign them an income level based on their past earnings or lifestyle, and base support payments on that estimated number.
What forms do I need to fill out in New Brunswick?
You will generally need to complete a Financial Statement (often Form 72J under the New Brunswick Rules of Court). If you are filing a motion to force your ex to complete theirs, you will need a Notice of Motion and a supporting Affidavit.
Do I absolutely need a lawyer for this?
While you are allowed to represent yourself (act as a self-represented litigant), navigating the Rules of Court and drafting a proper Affidavit can be highly complex. It is generally advisable to consult a local family law firm to ensure your motion is accepted.
Can the police force my spouse to hand over bank statements?
No. The police do not enforce family law disclosure rules. This is strictly a civil matter handled by the Court of King’s Bench. You must use the court process to get an order, not law enforcement.
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