Uncontested Divorce in New Brunswick: The Joint Petition (Form 72B) Guide

Q: 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. Both apply in the Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, and Woodstock judicial districts. Filing jointly is often smoother because it usually avoids service of process.

Q: 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.

Q: 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 both spouses file an Agreement Not to Appeal (Form 72L) to shorten it. After that, you can request a Certificate of Divorce (Form 72O) for official proof.

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

An uncontested divorce in New Brunswick can be a much calmer path forward when you and your spouse agree that the marriage is over and want to avoid a long, expensive court fight. 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.

In most of the province, the biggest “insider” advantage 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). One important exception: if you live in the Saint John or Moncton judicial district, you’ll use a different form entirely — more on that in Section 4. Another key New Brunswick term you will see is the Trial Record (Uncontested), the organized package the court reviews to grant the divorce based on written evidence.

TL;DR

Who this is for: spouses who agree the marriage is over, meet the one-year residency rule, and have already settled (or aren’t asking the court to decide) parenting, support, and property.
Which form: most of the province files a Joint Petition for Divorce (Form 72B) together or a sole Petition for Divorce (Form 72A) — but Saint John and Moncton use Form 81A instead, with no joint option.
The core package: file your petition, wait for the federal Clearance Certificate, then prepare and file the Trial Record (Uncontested) with your sworn Affidavit of Evidence.
Cost: $100 to file, plus a small separate federal Clearance Certificate fee and $7 for your final Certificate of Divorce (Form 72O) — fee waivers exist for financial hardship.
Timeline: often four to eight months start to finish, ending with a 31-day appeal period after the Divorce Judgment (Form 72M) before the divorce is effective.
Get help if: there’s family violence, hidden assets, major disagreement over children or property, or cross-border complications — a DIY filing isn’t the right tool for those situations.

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

An uncontested divorce in New Brunswick (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 an uncontested case, a judge can typically grant the divorce based on a written court package rather than a hearing, 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 — and, as you’ll see below, they can also differ depending on which judicial district you live in.

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 the province 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 of separation because it is the most common and simplest ground 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 of 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, 81A) + the Trial Record

New Brunswick uses specific form numbers under Rule 72 (and, for two judicial districts, Rule 81 — see below). You can download the official New Brunswick divorce forms PDF versions directly from the NB Courts forms page — always use the current fillable PDF rather than an old saved copy. Here are the main forms DIY filers commonly see:

Petition for Divorce (Form 72A): used when one spouse files alone (sole filing) in the Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, or Woodstock judicial district.
Joint Petition for Divorce (Form 72B): used when spouses file together in those same judicial districts (often avoids service of process).
Answer (Form 72D): filed by a respondent who wants to oppose the petition. An Answer and Counter-Petition (Form 72F) is used if the respondent also wants to make their own claims.
Financial Statement (Form 72J): commonly required where support is claimed or where child support is not straightforward.
Request for Divorce (Form 72K) and Certificate of Readiness (Form 47B): filed as part of the Trial Record to ask the court to grant the divorce.
Agreement Not to Appeal (Form 72L): optional; if both spouses file it, the divorce can become effective before the standard 31-day appeal period ends.
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).

Saint John and Moncton: a different form (81A)

This is a detail a lot of general guides miss: if you live in the Saint John or Moncton judicial district, you do not use Form 72A or 72B at all. Instead, divorce is started using Form 81A (Application), and there is currently no joint application option in these two districts — each spouse’s divorce is processed as an individual application rather than a shared Form 72B filing. If you’re not sure which judicial district you fall under, check the New Brunswick judicial districts list or ask the registry before you start your paperwork, since filing the wrong form can delay your case.

About the Trial Record (Uncontested): This is not a single numbered form. It is a judge-ready package — typically including Form 72K, Form 47B, your sworn Affidavit of Evidence, and a draft Divorce Judgment — organized the way the registry expects.

The “Joint” hook: Where it’s available, 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 for an uncontested divorce in New Brunswick varies depending on your judicial district, 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 (Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Woodstock only): both spouses file together → Form 72B
Sole filing (same six districts): one spouse starts the case → Form 72A
Saint John or Moncton judicial district: every filing starts with Form 81A — there is no joint option here.

Step 1: Confirm you qualify

Confirm the one-year New Brunswick residency rule.
Confirm your divorce basis (most commonly one year of separation).
Confirm your judicial district and, therefore, which form you’ll be filing.

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, 72B, or 81A)

Sole filing (most districts): start with a Petition for Divorce (Form 72A).
Joint filing (most districts): start with a Joint Petition for Divorce (Form 72B).
Saint John or Moncton: start with an Application (Form 81A) instead.

If you’re in a district where joint filing is available, it’s often the most efficient option because it generally avoids service.

Step 4: File your petition and open a court file

Once your petition or application 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). The registry typically returns a stamped copy with your court file number within a few weeks.

Step 5: Serve your spouse (sole filings)

If you filed a sole Petition for Divorce (Form 72A) or a sole Application (Form 81A), you must have your spouse served according to the court rules, and generally within six months of filing. You cannot serve the documents yourself — you’ll need another adult, a process server, or registered mail/courier. Many people use a process server to avoid mistakes. Afterward, you’ll need an Affidavit of Service (Form 18B) and, if served by mail, the Acknowledgement of Receipt Card (Form 18A).

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 or Application, the court requests a federal Clearance Certificate through Ottawa (Central Registry of Divorce Proceedings), confirming no other divorce proceeding is pending between you and your spouse. You cannot file your Trial Record until this clearance is on file — the court will simply return an incomplete Trial Record to you.

Processing has commonly taken a couple of months, though it varies. You can use the waiting period productively by preparing your Trial Record documents in advance. Call the registry if you need to check whether clearance has arrived.

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

Once your Clearance Certificate is in hand, you prepare the Trial Record (Uncontested) — your organized court package for judge review. It typically includes a Certificate of Readiness (Form 47B), a Request for Divorce (Form 72K), your sworn Affidavit of Evidence, proof of service (sole cases), and a draft Divorce Judgment (Form 72M).

Watch the clock here: once you swear your Affidavit of Evidence before a Commissioner of Oaths, you generally must file the Trial Record within 5 days for a sole filing, or 14 days for a joint filing. An Affidavit of Evidence sworn in New Brunswick must be signed in front of a Commissioner of Oaths or notary — it cannot simply be signed at home.

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).

Under the Divorce Act, the divorce becomes effective on the 31st day after the judgment (unless an appeal is filed). If both spouses file an Agreement Not to Appeal (Form 72L), the divorce can become effective earlier than day 31. 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 by registry workload and district, but uncontested cases usually move faster when you’re eligible to file jointly (Form 72B) and your package is complete on the first submission. As a rough guide:

Preparation time: collecting documents and completing forms (days to weeks).
Court file opened: the registry typically returns your stamped petition with a court file number in about 2–3 weeks.
Sole filing service: service must be completed within 6 months of filing, plus time for the response deadline to pass.
Clearance wait: the federal Clearance Certificate has commonly taken around 2–3 months to arrive, though this varies.
Trial Record filing deadline: 5 days after swearing your affidavit (sole) or 14 days (joint).
Judge review time: for a complete uncontested package, the Divorce Judgment has commonly followed in about 4–6 weeks; errors or omissions add delay.
31-day appeal period: after the Divorce Judgment is issued, before the divorce is effective (can be shortened if both spouses file Form 72L).

Put together, a clean, cooperative uncontested divorce in New Brunswick often takes somewhere in the range of four to eight months from filing to a final Divorce Judgment — but treat that as a general expectation, not a guarantee, since registry workload and individual case details vary.

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

New Brunswick court fees are set out in the Rules of Court. As a baseline, Rule 72.24 lists:

Item	Current Court Fee
Filing Petition for Divorce (Form 72A), Joint Petition (Form 72B), or Application (Form 81A)	$100.00
Filing Answer (Form 72D) or Answer and Counter-Petition (Form 72F)	$20.00 (only if contesting)
Certificate of Divorce (Form 72O)	$7.00

Note: You’ll also pay a separate, smaller federal fee when the court requests your Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa — confirm the current amount with your registry. Other possible costs 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 waives court fees where a solicitor certifies that legal services are unpaid and the fee would cause financial hardship, or where the party receives assistance under the Family Income Security Act. If fees are a barrier, ask the registry or a legal clinic about the current waiver process.

Money-saving tip: If you’re in a district where a Joint Petition for Divorce (Form 72B) is available, 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 for your judicial district (Form 72A, 72B, or 81A),
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?

An uncontested divorce in New Brunswick is 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. Both apply in the Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, and Woodstock judicial districts. Filing jointly is often smoother because it usually avoids service of process.

I live in Saint John or Moncton — do I still use Form 72B?

No. In the Saint John and Moncton judicial districts, divorce is started with Form 81A (Application) instead of Form 72A or 72B, and there is no joint application option in these districts. If you’re unsure which judicial district applies to you, confirm with your local registry before filing.

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 both spouses file an Agreement Not to Appeal (Form 72L) to shorten it). After that, you can request a Certificate of Divorce (Form 72O) for official proof.

Guide to Uncontested Divorce in New Brunswick