Question 1

What Is the Difference Between Separation and Divorce in New Brunswick?

Accepted Answer

A separation occurs when spouses decide to live apart with the intention of ending their relationship, but without legally ending the marriage. During separation, issues such as parenting arrangements, child support, and property division can be resolved through an agreement or court order. A divorce, on the other hand, is the legal termination of a marriage granted by a judge under the federal Divorce Act.

Question 2

What Are the Legal Grounds for Divorce in New Brunswick?

Accepted Answer

In Canada, including New Brunswick, the only legal ground for divorce is a “breakdown of the marriage.” This is typically proven by spouses living separate and apart for at least one year. It may also be established sooner if one spouse has committed adultery or has been physically or mentally cruel.

Question 3

How Are Parenting Arrangements Decided after Separation?

Accepted Answer

Parenting arrangements, now referred to as “decision-making responsibility” and “parenting time”, are determined based on the best interests of the child. Parents are encouraged to reach an agreement on how major decisions will be made and how time with the child will be shared. If they cannot agree, the court will decide. The law recognizes that both parents can have roles in decision-making, but arrangements do not have to be equal if that is not in the child’s best interests.

Question 4

How Is Child Support Calculated in New Brunswick?

Accepted Answer

Child support is generally determined using guideline tables that consider the paying parent’s income and the number of children. When both parents live in New Brunswick, provincial guidelines apply, although they closely follow the federal model. In shared parenting situations, or where there are special expenses (such as childcare or medical costs), the amount of support may be adjusted.

Question 5

Can a Child Support or Parenting Order Be Changed Later?

Accepted Answer

Yes. Either parent can apply to the court to change (vary) a child support or parenting order if there has been a significant change in circumstances, such as a change in income or a shift in the child’s needs or living arrangements. The court will reassess the situation based on current facts and applicable guidelines.

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Family Law FAQs

What Is the Difference Between Separation and Divorce in New Brunswick?

What Are the Legal Grounds for Divorce in New Brunswick?

How Are Parenting Arrangements Decided after Separation?

How Is Child Support Calculated in New Brunswick?

Can a Child Support or Parenting Order Be Changed Later?

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