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Guide to Uncontested Divorce in New Brunswick

December 23, 2025

Uncontested / Simple Divorce in New Brunswick: Joint Petition (Form 72B) + Trial Record Guide

If you and your spouse agree that the marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce in New Brunswick can be a much calmer path forward. Instead of arguing over every detail in front of a judge, you focus on getting the right paperwork filed so the Court of King’s Bench (Family Division) can legally end your marriage.

The biggest “insider” advantage in New Brunswick is filing together using the Joint Petition for Divorce (Form 72B). Naming the exact form matters because a joint filing usually avoids the service of process step (and the cost, delay, and stress that come with it). Another key New Brunswick term you will see is the Trial Record (Uncontested), which is the organized package the court reviews to grant the divorce based on written evidence.

Important disclaimer: PlainDivorce is not a law firm. This guide is general legal information, not legal advice. Court rules, forms, and fees can change. Always check the latest New Brunswick court resources or speak with a New Brunswick family lawyer or legal clinic before acting.

Table of Contents

uncontested divorce in New Brunswick

1. What Is an Uncontested or Simple Divorce in New Brunswick?

An uncontested divorce (often called a “simple divorce”) generally means:

  • one or both spouses start a divorce case,
  • the other spouse does not oppose it (for example, they do not file an Answer that turns it into a fight), and
  • parenting, support, and property and debt issues are already resolved (usually by a separation agreement or earlier orders), or you are not asking the court to decide those issues in this divorce file.

In many uncontested cases, a judge can grant the divorce based on a written court package, especially where the file includes sworn evidence and a properly prepared Trial Record (Uncontested) for review.

2. What Court Handles Divorce in New Brunswick?

Divorce in New Brunswick is handled through the Court of King’s Bench (Family Division). This matters because the forms, filing steps, and terminology are specific to this court.

3. Who Qualifies for an Uncontested Divorce in New Brunswick?

Residency requirement

To file for divorce in New Brunswick, either you or your spouse must have lived in New Brunswick for at least one year immediately before starting the divorce case.

Grounds for divorce (breakdown of the marriage)

Under Canada’s Divorce Act, the legal basis for divorce is breakdown of the marriage. Most uncontested divorces rely on one year separation because it is the most common and simplest to prove in a cooperative case.

When your case is a strong fit for uncontested or simple divorce

  • You meet the residency rule.
  • You can prove marriage breakdown (often one year separation by the time the judge grants the divorce).
  • You both agree the divorce should happen.
  • You have already settled parenting, support, and property (ideally in a separation agreement), or you are not asking the court to decide those issues in this divorce file.
  • Your spouse will cooperate or at least not actively oppose the divorce.

If there is family violence, fear, coercion, hidden assets, or major disagreement about children, support, or property, get legal advice before relying on a DIY uncontested approach.

Download Our New Brunswick Uncontested Divorce (Dissolution) Self-Help Kit

4. Key New Brunswick Divorce Forms (72A, 72B, 72D, 72J, 72M, 72O) + the Trial Record

New Brunswick uses specific form numbers under Rule 72. Here are the main form names and codes DIY filers commonly see:

  • Petition for Divorce (Form 72A): used when one spouse files alone (sole filing).
  • Joint Petition for Divorce (Form 72B): used when spouses file together (often avoids service of process).
  • Answer (Form 72D): filed by a respondent who wants to oppose the petition (sole cases).
  • Financial Statement (Form 72J): commonly required where support is claimed or where child support is not straightforward.
  • Divorce Judgment (Form 72M): the judgment granting the divorce.
  • Certificate of Divorce (Form 72O): the certificate you can request after the divorce is effective (often needed for remarriage).

About the Trial Record (Uncontested): This is not a single numbered form. It is a judge ready package that typically includes your sworn evidence and the required draft documents, organized the way the registry expects.

The “Joint” hook: Filing a Joint Petition for Divorce (Form 72B) usually saves time and money because you generally do not need to arrange service on the other spouse.

5. Step by Step: Uncontested Divorce Process in New Brunswick

The exact paperwork varies depending on whether you file jointly or alone and whether you have children, but many uncontested New Brunswick divorces follow this overall structure.

Joint vs. sole filing (plain text)

  • Joint filing: both spouses file together → Form 72B
  • Sole filing: one spouse starts the case → Form 72A

Step 1: Confirm you qualify

  • Confirm the one year New Brunswick residency rule.
  • Confirm your divorce basis (most commonly one year separation).
  • Confirm you are filing in the Court of King’s Bench (Family Division).

Step 2: Settle children, support, and property (ideally in writing)

Even in an uncontested divorce, the court can scrutinize child support. If you have children, make sure support is reasonable and clearly explained. Many couples use a separation agreement to document parenting, child support, spousal support (if any), and property and debt division.

Step 3: Choose your filing route (Form 72A or Form 72B)

  • Sole filing: start with a Petition for Divorce (Form 72A).
  • Joint filing: start with a Joint Petition for Divorce (Form 72B).

If you and your spouse can file jointly, it is often the most efficient option because it generally avoids service.

Step 4: File your petition and open a court file

Once your petition is completed carefully, you file it with the appropriate registry for the Court of King’s Bench (Family Division) and pay the required filing fee (unless you qualify for a waiver). You will receive a court file number and stamped copies.

Step 5: Serve your spouse (sole filings)

If you filed a sole Petition for Divorce (Form 72A), you typically must serve your spouse according to the court rules. Many people use a process server to avoid mistakes.

If you filed a Joint Petition (Form 72B), service is usually not required because you are both applicants.

Step 6: The “Ottawa wait” (Clearance Certificate)

After you file your Petition (Form 72A or 72B), the court typically requests a federal Clearance Certificate through Ottawa (Central Registry of Divorce Proceedings). You usually cannot finalize your uncontested package until that clearance is on file.

Processing time varies. Call the registry if you need to check whether clearance has arrived before you submit your final package.

Step 7: Prepare and file the Trial Record (Uncontested)

Once the file is ready to be finalized, you prepare the Trial Record (Uncontested), which is your organized court package for judge review. It typically includes sworn evidence and a draft Divorce Judgment (Form 72M).

Practical tip: Uncontested files often get delayed because something is missing or inconsistent (attachments, dates, signatures, exhibits, proof of service in sole cases, or unclear child support details). Treat this as a checklist project and aim for a clean, complete filing the first time.

Step 8: Divorce Judgment (Form 72M), then the 31 day appeal period

If everything is complete and the judge is satisfied (including reasonable child support arrangements where applicable), the court issues a Divorce Judgment (Form 72M).

In most Canadian divorces, the divorce becomes effective after a 31 day appeal period (unless an appeal is filed or the judgment sets a different effective date). After the divorce is effective, you can request a Certificate of Divorce (Form 72O) for official proof (often needed for remarriage).

6. Special Issues When You Have Children

If you have children, the court still has a duty to ensure reasonable child support arrangements are in place. Your paperwork should clearly explain:

  • the parenting schedule (where the children live and when they see each parent),
  • how child support was calculated (and why it is reasonable), and
  • any special expenses or unusual arrangements (if applicable).

If support looks too low (or unclear) without a proper explanation, a judge can delay the divorce until the issue is corrected.

7. How Long Does an Uncontested Divorce Take in New Brunswick?

Timelines vary, but uncontested cases usually move faster when you file jointly (Form 72B) and your uncontested package is complete on the first submission. Common time blocks include:

  • Preparation time: collecting documents and completing forms (days to weeks).
  • Sole filing service and waiting: time to serve and wait for response deadlines (can add weeks).
  • Clearance wait: time for the Clearance Certificate to arrive at the court (varies).
  • Judge review time: registry and judge processing of the uncontested package (varies by workload).
  • 31 day appeal period: after the Divorce Judgment is issued, before the divorce is effective.

8. What Does an Uncontested Divorce Cost in New Brunswick?

New Brunswick divorce fees are set out in the court rules. As a baseline, Rule 72.24 lists:

ItemCurrent Court Fee
Filing Petition for Divorce (Form 72A) or Joint Petition (Form 72B)$100.00
Filing Answer (Form 72D) or Answer and Counter Petition$20.00 (only if contesting)
Certificate of Divorce (Form 72O)$7.00

Note: Other costs can include process server fees (sole cases), commissioner or notary fees for swearing affidavits, printing and courier costs, and replacing a marriage certificate if needed. Always confirm filing requirements and payment methods with your local registry.

Fee waiver note: New Brunswick has fee waiver rules for certain situations (including financial hardship with the required certificate, or for recipients of assistance). If fees are a barrier, ask the registry or a legal clinic about the current waiver process.

Money saving tip: If you qualify for a Joint Petition for Divorce (Form 72B), you may avoid service costs entirely.

9. When DIY Might Not Be Right for You

Consider getting legal advice (even one consult) if:

  • there is family violence, coercion, or fear,
  • there are major parenting disagreements or child safety concerns,
  • assets are complex (business, pensions, multiple properties),
  • you suspect hidden income or assets, or
  • immigration, tax, or cross border consequences raise the stakes.

A low cost divorce can become expensive if someone signs an unfair agreement or important rights are missed.

10. Where a Self Help Divorce Kit Fits

If your case is truly uncontested and you are comfortable managing paperwork, a New Brunswick specific self help kit can help you:

  • choose the right path (Form 72A vs 72B),
  • build a clean Trial Record (Uncontested) package,
  • avoid common missing item mistakes (signatures, exhibits, dates, proof of service), and
  • track timing, including clearance, judge review, and the 31 day appeal period.

PlainDivorce is not a law firm. A kit is an information and organization tool, not legal advice, and it does not replace official court forms or current court instructions.

11. New Brunswick Uncontested Divorce FAQ

What is an uncontested or simple divorce in New Brunswick?

It’s a divorce where the divorce itself is not opposed and the court does not need to resolve a dispute about parenting, support, or property. In many New Brunswick uncontested files, the judge can decide based on a written package (your Trial Record (Uncontested)) supported by sworn evidence, rather than live testimony.

What is the difference between Form 72A and Form 72B?

Form 72A is the Petition for Divorce used when one spouse files alone. Form 72B is the Joint Petition for Divorce used when spouses file together. Filing jointly is often smoother because it usually avoids service of process.

Do I need a Financial Statement (Form 72J)?

Form 72J is commonly required where support is claimed or where child support is not straightforward. If you are unsure whether it applies to your situation, confirm with the registry or a legal clinic before you file your uncontested package.

When is the divorce final?

After the Divorce Judgment (Form 72M) is issued, most divorces become effective after a 31 day appeal period (unless an appeal is filed or a different effective date applies). After that, you can request a Certificate of Divorce (Form 72O) for official proof.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.