Home New Brunswick Uncontested Divorce Kit
2026 edition • Built on King’s Bench Rule 72 & Rule 81 formsNew Brunswick Uncontested Divorce Kit
The Court of King’s Bench forms and plain-English instructions to prepare a New Brunswick uncontested divorce yourself — matched to your judicial district and route.
- District-matched forms — Rule 72 (Form 72A/72B) or Rule 81 (Form 81A)
- Step-by-step filing instructions, in plain English
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
Takes 2 minutes to check · no commitment
“The instructions were clear. I understood which form my district used and what order to file things in.”
Evelyn T. · Fredericton, New Brunswick
Do you qualify for an uncontested divorce in New Brunswick?
The affidavit-evidence route works when your divorce is genuinely uncontested and your parenting, support and property issues are already settled.
This kit fits if…
- ✓ You or your spouse has been habitually resident in New Brunswick for at least the one year immediately before the divorce proceeding starts. (This is a jurisdiction condition — separate from the one-year separation ground.)
- ✓ You are relying on one year’s separation. You can file once you are living separate and apart, but a judge cannot grant the divorce on this ground until a full year has passed. Reconciliation attempts totalling no more than 90 days do not restart the clock. (Adultery and cruelty are also grounds under the Divorce Act, but they need different evidence and case-specific legal advice.)
- ✓ Your spouse will not contest: on the sole route they are properly served and do not file an answer; or, in a Rule 72 district, you file jointly with Form 72B.
- ✓ Parenting, contact and support are fully agreed or already ordered, and any child support meets the Federal Child Support Guidelines — the court must be satisfied reasonable child-support arrangements are in place before it grants a divorce.
- ✓ You understand that property, pension and debt division is handled separately from these forms.
Talk to a lawyer first if…
- ✗ Neither spouse has been habitually resident in New Brunswick for a full year yet.
- ✗ Your spouse is contesting the divorce, will not communicate, or cannot be located.
- ✗ Parenting, contact or the child-support amount is not fully settled.
- ✗ There is family violence or coercion, or you need an emergency intervention / protection order.
- ✗ You have a pension to divide, a company or real estate to split, significant debt, a bankruptcy, existing court orders, or a cross-border element.
Which process applies to you?
Your judicial district decides which rule — and which forms — govern your divorce. Your eligibility check confirms the route and you receive the matching set.
New Brunswick runs two different divorce procedures. In Bathurst, Campbellton, Edmundston, Fredericton, Miramichi and Woodstock, divorce is a Rule 72 proceeding: one spouse files a Petition (Form 72A), or both file a Joint Petition (Form 72B). In Saint John and Moncton, Rule 81 applies: you file an Application (Form 81A) — there is no joint option there. This kit gives you the current forms for your route, with plain-language instructions for filing, service, the federal registration step and the affidavit-evidence request.
Rule 72 districts
Bathurst · Campbellton · Edmundston · Fredericton · Miramichi · Woodstock
Sole: one spouse files a Petition for Divorce (Form 72A) plus a Notice of Petition (Form 72C), then has someone else serve the other spouse. If no answer is filed in the time allowed, you move to the affidavit-evidence step.
Joint: both spouses sign a Joint Petition for Divorce (Form 72B). There is no service step and no answer period; the joint route relies on the one-year-separation ground.
Saint John & Moncton (Rule 81)
Case-management model — no joint application
Divorce starts with an Application (Form 81A). Filing opens a court file and a Divorce Registry number and sets a triage-coordinator meeting. You must serve the Application, the supporting material and the notice of the triage meeting at least 27 days before that meeting, and file proof of service at least 7 days before it.
A Rule 81 Application that claims a parenting order also needs Form 81B, and support, parenting or property claims need the applicable financial material. Rule 81 then applies the affidavit-evidence provisions with the necessary changes.
Either process: if you claim spousal support, child support or a property remedy, a Financial Statement (Form 72J) and, for child support, the applicable guideline income information are required.
Why use an affidavit-evidence kit?
For a genuinely uncontested case, New Brunswick lets you file a Request for Divorce (Form 72K) and give your evidence in a sworn affidavit instead of testifying in court. Done carefully, it keeps a straightforward divorce affordable and predictable, without paying a lawyer to prepare standard paperwork.
Keep more of your money
You do the paperwork yourself and keep the difference between a lawyer’s fee and the kit price — see the breakdown alongside.
Usually no hearing
Most qualifying uncontested and joint files are decided from the filed documents — the usual outcome, not a guarantee.
What a New Brunswick divorce costs
Court fees are $100 to file the Petition, Joint Petition or Application and $7 for the Certificate of Divorce, plus a $10 federal Central Registry of Divorce Proceedings fee. A process server, a commissioner of oaths to swear your affidavit, postage, copies, the $1 divorce-form and financial-statement fees, and any refiling or search fees are extra. Fees are as listed at the date shown below and can change.
What’s in the kit
The current King’s Bench forms for your judicial district and route, set up so you know what each one does and the order to file them in.
The form that starts your case
- Petition for Divorce (Form 72A) plus Notice of Petition (Form 72C) for a sole Rule 72 case
- Joint Petition (Form 72B) for a joint Rule 72 case, or Application (Form 81A) for Saint John and Moncton
- Guidance on residency, the ground for divorce, what to claim (and not claim), and filing your original marriage certificate with the court
Your affidavit-evidence package
The set assembled once your spouse’s time to answer has passed (or on a joint petition):
Filing roadmap
- Step-by-step instructions for filing, arranging personal service through a third party, and the answer deadlines
- The federal Central Registry step and assembling the trial record
- For Saint John and Moncton, the triage-meeting timing under Rule 81, with a self-check list before you submit
What this kit does not include
- Any court sign-off that your file is judge-ready — the Registrar processes the file and the court reviews it; a private kit cannot certify that
- The Divorce Judgment (Form 72M), which the Registrar prepares, signs and enters after a judge grants the divorce — it is not a form you complete
- The certified Central Registry report, which the court obtains for your trial record
- Property, pension or debt division (separate forms and process)
- Contested matters, counter-petitions, protection orders, or anything beyond a genuinely uncontested divorce
- Filing or serving your documents for you, or any court representation
- Legal advice about your specific situation, or review of your completed documents
- Court, registry and service fees
Always confirm the current form versions and the full, fact-specific filing set against the Government of New Brunswick divorce forms page, Rule 72 and Rule 81 before filing. New Brunswick’s Word versions of the forms expressly yield to the official King’s Printer version, and required formatting, affidavit rules, exhibits and accompanying material matter. Forms and fees can change.
How it works
The path to a Divorce Judgment in New Brunswick on the affidavit-evidence route.
File & register
File your Petition (72A), Joint Petition (72B) or Application (81A) with your marriage certificate at the Court of King’s Bench ($100). The court verifies a federal registration application and sends it to the Central Registry of Divorce Proceedings within seven days — a check for other divorce proceedings between you and your spouse. The clearance certificate can take 2–3 months.
Serve your spouse (sole route)
You cannot serve the documents yourself. Have a process server or another adult serve your spouse within six months, then file the Affidavit of Service (Form 18B). Your spouse has 20 days to answer if served in New Brunswick (30 days elsewhere in Canada or the U.S., 60 days outside both); a filed notice of intent to defend adds 10 days. Joint petitioners skip this step. In Saint John and Moncton, Rule 81 sets its own triage-meeting service timing.
Trial record & affidavit evidence
Once the answer period has passed with no answer (or on a joint petition), assemble the trial record: index, petition and proof of service, pleadings, the certified Central Registry report, the Request for Divorce (Form 72K), your sworn affidavit, Form 47B, any Form 72J financial statement and guideline documents, and file it. Swear the affidavit within 5 days (undefended) or 14 days (joint) before filing.
Review & judgment
A judge reviews the file and either returns it for correction, directs an appearance or further evidence, or grants the divorce. The Registrar then issues the Divorce Judgment (Form 72M). The divorce takes effect on the 31st day after the day the judgment is rendered; you can then request a Certificate of Divorce for $7.
Total time from filing to judgment is usually several months, driven mainly by the Central Registry clearance and the court’s review queue. A kit cannot speed up the court’s timelines.
Kit pricing vs. lawyer fees
| Feature | PlainDivorce kit | Typical lawyer |
|---|---|---|
| Preparation cost | $129 | $1,500–$3,500 |
| Court fees | $100 + $10 + $7 (paid to the court/registry) | Same, usually billed on top |
| Pace | You set it (DIY) | Lawyer’s schedule |
| Forms included | Yes — district-matched | Yes |
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What our customers say
Experiences from people who prepared their divorce paperwork with PlainDivorce.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
“The instructions were clear. I understood which form my district used and what order to file things in.”
Evelyn T.
Fredericton
“For the price, this was a huge saving over the quotes I got from local firms.”
Emily R.
Fredericton
“No confusion about the Saint John process — the kit walked me through the Application step by step.”
Olivia D.
Dieppe
“The checklist helped me make sure the trial record was complete before I filed.”
Laura J.
Saint John
New Brunswick uncontested divorce: frequently asked questions
Which form do I use — 72A, 72B or 81A?
It depends on your judicial district. In Bathurst, Campbellton, Edmundston, Fredericton, Miramichi and Woodstock, divorce is a Rule 72 proceeding: one spouse files a Petition (Form 72A), or both file a Joint Petition (Form 72B). In Saint John and Moncton, Rule 81 applies and you file an Application (Form 81A) — there is no joint application in those two districts. Your eligibility check confirms your route and you receive the matching forms.
What is the affidavit of evidence, and does it mean no court date?
In a qualifying uncontested or joint case you file a Request for Divorce (Form 72K) and a sworn affidavit setting out the facts of your marriage, separation and any arrangements for children, instead of testifying. The court can then consider the file without a hearing. It is not guaranteed: under Rule 72.18 a judge may grant the judgment, direct an appearance, require more evidence, or order a trial on oral evidence. Rule 81 applies the same affidavit-evidence provisions with the necessary changes.
Do I have to live in New Brunswick to file?
You or your spouse must have been habitually resident in New Brunswick for at least the one year immediately before the divorce proceeding starts. That is a jurisdiction requirement, and it is separate from the one-year separation ground for the divorce itself.
How does the one-year separation ground work?
You can file once you are living separate and apart, but a judge cannot grant a separation-ground divorce until a full year has passed. Reconciliation attempts totalling no more than 90 days do not necessarily break the period. Adultery and cruelty are also grounds under the Divorce Act, but they need different evidence and case-specific legal advice.
How much are the court filing fees?
As currently listed by the Government of New Brunswick, the fee to file a Petition, Joint Petition or Application is $100, and a Certificate of Divorce is $7. A $10 federal Central Registry of Divorce Proceedings fee also applies (subject to a legal-aid exception). There are $1 fees for the divorce form and the financial statement, $10 to refile a document, and $10 for a search. Service by a process server and a commissioner of oaths to swear your affidavit are extra. These are the listed fees as of the review date below and can change — confirm current amounts with the court.
What is the Central Registry of Divorce Proceedings step?
When a divorce proceeding is filed, the court verifies a federal registration application and sends it to the Central Registry in Ottawa within seven days. The Registry checks for duplicate divorce proceedings between the same two spouses and reports back to the court; the certified report goes into your trial record. Family Law NB notes a clearance certificate could take two to three months. It is not a purchaser-controlled “wait” step and it does not decide whether your file is ready for judgment.
We have children — can we still use this?
Only if parenting and child support are fully agreed or already ordered and the child support follows the Federal Child Support Guidelines. Where child support, spousal support or a property remedy is claimed, a Financial Statement (Form 72J) and, for child support, the applicable guideline income information are required; a Rule 81 parenting claim also needs Form 81B. The court will not grant the divorce unless it is satisfied that reasonable child-support arrangements have been made. If anything about the children is unresolved, see a lawyer.
When is the divorce final?
A divorce ordinarily takes effect on the 31st day after the day the judgment granting it is rendered — the appeal period. The court can make it effective earlier only in special circumstances if the statutory conditions are met, and a pending appeal changes the result. Once the divorce has taken effect, you can request a Certificate of Divorce, which is the proof you need to remarry. The Divorce Judgment (Form 72M) itself is issued by the Registrar and is not proof that the divorce is final.
Is PlainDivorce a law firm?
No. PlainDivorce is a self-help information service. We provide the current King’s Bench forms with plain-language instructions; we do not give legal advice, review your documents for accuracy, certify anything to the court, or file or serve documents for you. For advice about your situation, or if anything is disputed, consult a New Brunswick family lawyer.
Important legal disclaimer
PlainDivorce is not a law firm and does not provide legal advice, legal opinions, or representation. The New Brunswick Uncontested Divorce Kit is a self-help information product containing publicly available Court of King’s Bench forms with general instructions. It is not a substitute for advice from a licensed New Brunswick lawyer.
We do not guarantee that the court will accept any particular filing or grant a divorce. The Registrar processes the file and issues the Divorce Judgment (Form 72M) after a judge grants the divorce, and under Rule 72.18 a judge may require an appearance, further evidence, or a trial. Court rules, forms and fees (currently $100 to file, a $10 federal Central Registry fee, and $7 for the Certificate of Divorce, before service and case-specific costs) change from time to time. You are responsible for verifying the current fees, form versions and requirements with the Court of King’s Bench of New Brunswick before filing.
Content last reviewed: September 2026.