Separation and Divorce Overview

When you separate from a spouse or common law partner, there are often legal issues you need to consider and resolve. This can include issues like shared property, parenting arrangements, and spousal support.

Both of you do not have to agree to the separation. When one person leaves a relationship with the intention of ending the relationship, the couple is then separated, whether the other person wants to be separated or not.

You can agree to certain details of your separation in a separation agreement, which is a kind of domestic contract. This allows you to decide what you both think is fair, for example, how you want to divide your shared property.

Certain laws are unique to married couples. For example, the divorce process only applies to married couples. When a married couple separates, there is never a time when they are automatically considered divorced. One or both of the spouses must file with the court requesting a divorce order.

PLEIS NB has a self-help guide to Doing Your Own Divorce in New Brunswick. If your divorce is uncontested, meaning you and your ex-spouse do not disagree about details like parenting arrangements and property division, this guide might be helpful.

The Marital Property Act creates the rules for dividing a married couples’ property. This act also applies to common law couples dividing their belongings according to a domestic contract.

If you separate from a common-law partner, there are fewer rules specifying how that separation must be handled. As mentioned above, the Marital Property Act only applies to common-law couples if they have a written agreement to divide their belongings.

Other topics that you might need to consider when separating from a partner, whether or not you were married: