Maybe you've just separated and you don't know where you stand on the house, the kids or the bills. Maybe you lived common-law for years and assumed that meant you'd split things down the middle. New Brunswick family law runs on three different statutes at once — the federal Divorce Act, the provincial Marital Property Act and the modern Family Law Act — and one of its rules surprises almost everyone: in this province, the right to divide property is only for married couples. Our free Canadian Legal Hotline line is live now. When you call, you can get free, plain-English legal information, in your language, from an AI assistant trained on the Divorce Act, the Marital Property Act and the Family Law Act — ask as many questions as you like. This is legal information, not legal advice, and there's no charge to call.
Free legal information. Not legal advice. Available 24/7 across New Brunswick.
Two things people in New Brunswick get wrong from day one. First: you do not need your spouse's agreement, and you do not need to prove anyone was 'at fault'. Under the federal Divorce Act the only ground for divorce is marriage breakdown, and the usual way to prove it is living separate and apart for one year (you can even live under the same roof and still be 'separated'). Second — and this is the one that catches New Brunswickers out — the right to split property is for married couples only. The Marital Property Act gives married spouses an equal share of marital property, but it does not apply to common-law partners, no matter how many years you lived together. If you were never married, your name on the deed, the registration or the account is what counts, and any claim to your partner's property usually has to be built on 'unjust enrichment' rather than an automatic 50/50 right. Call our free line and you can get free legal information about exactly which rules apply to you.
Here's what catches New Brunswick couples off guard. People assume that living together for years quietly turns into the same property rights as marriage. In this province, it does not. The Marital Property Act — the law that splits marital property equally — applies to married spouses only, and New Brunswick has not extended it to common-law partners the way some other provinces have. So if you separate from a long-term partner you never married, you don't automatically get half the house or half of what was built during the relationship. Ownership follows title: whoever's name is on the deed, the registration or the account is presumed to own it. A common-law partner who contributed money, labour or years of childcare and homemaking may still have a claim — but it has to be argued as 'unjust enrichment' or a 'constructive trust', which is a different and more fact-heavy path than an automatic equal split. Married couples, by contrast, do get the equal-division rule, and a 60-day deadline runs after a divorce decree to bring a marital-property claim. Knowing which regime you fall under — married or common-law — changes everything about what you can ask for. Call our free Canadian line and you can get that free legal information, in plain English, in your language.
If you want to handle part of this yourself, or you can't afford a lawyer, New Brunswick has free resources — a legal-aid program, plain-language guides and an information line, a court system with self-help forms, and supports for people facing family violence. Start with these.
I'm common-law, not married — do I get half the property in New Brunswick?
Not automatically. New Brunswick's Marital Property Act, which divides property equally, applies to married spouses only. Living together for years — even a long time — does not give common-law partners an automatic right to split the home or savings. Ownership follows whose name is on the title or who paid. You may still have a claim if you contributed money, labour or years of childcare and homemaking, but it has to be argued as 'unjust enrichment' or a 'constructive trust', which is more fact-specific than an automatic equal split. It's worth getting clear information before assuming either way, which our free line can help with — just call.
Do I need a reason to get a divorce in New Brunswick?
No. Under the federal Divorce Act the only ground is 'breakdown of the marriage', and the normal way to show that is living separate and apart for one year. You don't have to prove your spouse did anything wrong, and you don't need their consent — one person can get the divorce. Adultery and cruelty are technically available but rarely used, because they require proof and don't make anything faster. To file in New Brunswick, at least one spouse must have lived in the province for the year before starting the application.
Can I be 'separated' if we still live in the same house?
Yes. You can be legally separated while living under the same roof — for example sleeping in separate rooms, running separate finances and no longer living as a couple. The one-year separation clock for a divorce can be running even though you haven't physically moved out, which matters because many people don't realise their clock has already started. The details can be fact-specific, so it's worth confirming where you stand.
How is property divided when a married couple separates in New Brunswick?
For married spouses, the Marital Property Act provides for an equal division of marital property — broadly, the property the couple acquired and used for a family purpose during the marriage. A court can order an unequal split only where an equal one would be clearly unfair. The marital home gets special treatment: both spouses have an equal right to remain in it and use the household goods, regardless of whose name is on title. Free legal information on how this works is available now — just call our line.
Is there a deadline to claim my share of property?
For married couples, yes. Under the Marital Property Act, an application to divide property after a divorce or a declaration of nullity must be made no later than 60 days after the decree. If you're separated without a divorce, you generally have more flexibility, but the 60-day window after a divorce is a hard one to miss. Because the timing depends on your exact situation, it's worth pinning down which dates apply to you.
What happened to 'custody' and 'access' in New Brunswick?
They've been replaced. New Brunswick's Family Law Act and the federal Divorce Act now use 'decision-making responsibility' (the right to make major decisions about a child's schooling, health and religion) and 'parenting time' (the time a child spends in each parent's care). Every decision is based on one test: the best interests of the child. When parents separate, they share decision-making responsibility by default unless a court order or agreement provides otherwise.
How much is child support in New Brunswick?
Child support follows the Federal Child Support Guidelines. There's a table amount based on the paying parent's income and the number of children, and on top of that, special or extraordinary expenses — childcare, significant medical or dental costs, certain activities — are shared between the parents in proportion to income. Support usually continues until the age of majority and can continue longer if the child is in full-time school or can't support themselves. A real number needs your actual figures, which the free line can help you understand.
Can a common-law partner get spousal support, even though there's no property split?
Often, yes — support and property are treated differently here. While the Marital Property Act doesn't divide property for common-law couples, the Family Law Act can treat a common-law partner as a 'spouse' for SUPPORT purposes if they lived together continuously for about three years, or had a child together and lived in a relationship of some permanence. Whether support is payable, and how much, depends on incomes, the length of the relationship and the roles each person played. The Spousal Support Advisory Guidelines suggest a range, but they're advisory, not binding.
How do I get protection if I'm afraid of my partner?
If you have reasonable grounds to fear intimate partner violence, you can apply for an Emergency Intervention Order under the Intimate Partner Violence Intervention Act. You apply through a designated service provider or 'assister' who helps with the forms, and a hearing officer can decide it quickly — often by telephone within a day. The order can require no-contact, give you exclusive use of the home, arrange temporary care of children and order firearms removed. Breaching it can lead to arrest. If you're in immediate danger, call 911 first.
Which court handles my family case, and are services available in French?
The Court of King's Bench of New Brunswick, Family Division, handles divorce, marital property, parenting time, decision-making responsibility and support. Because New Brunswick is officially bilingual, you can have your case heard in English or in French, and court forms are available in both languages. The Family Division sits in centres across the province, including Fredericton, Moncton, Saint John, Miramichi and Edmundston.
Is this service free, and is it confidential — and what is it exactly?
Yes — our Canadian Legal Hotline line is live now, and the call is free, with no income test and no web form, and help is available in English, French or your language. Ask as many questions as you like. To be clear about what it is: Legal Hotline gives legal information, not legal advice, and the call creates no lawyer-client relationship — we're not a law firm and not legal aid. A paid consultation with a New Brunswick-licensed family law lawyer is coming soon, for callers who want one.
Are you a New Brunswick-licensed family law lawyer handling divorce, parenting, support, marital property or family-violence matters? We're building our New Brunswick network ahead of launching paid consultations, so that callers across Fredericton, Moncton, Saint John, Miramichi, Edmundston and beyond — in English or French — can be connected with vetted local counsel after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your region and practice area, join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give callers.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].
Whether you've just separated, you're worried about your kids, or you need to understand your property rights, New Brunswick family law turns on one question more than any other: were you married, or common-law? Married couples get equal division of marital property; common-law partners do not, and have to build any property claim on unjust enrichment instead — though they may still seek spousal support. Add the one-year separation rule and the 60-day window to claim property after a divorce, and the sooner you understand which rules apply to you, the more options you keep. Our Canadian Legal Hotline line is live now: call and you'll get clear legal information about your situation, free, in your language, with no charge and no lawyer-client relationship — and a paid consultation with a New Brunswick-licensed family law lawyer is coming soon, for when you want one.
Free legal information. Not legal advice.