Documents You May Need This guide provides examples of the forms, letters and documents you may have to file when doing your divorce. Most of the examples are integrated into the guide at the appropriate place. Others can be found in Appendix 1 and 2. You should note that only some of the forms are preprinted – meaning ready for you to obtain and fill in. You must create the others yourselves. These examples should help you understand how to fill in the forms or create and complete the necessary letters and the affidavits.
examples of Documents You May need
example number Example E.1.1 See pg 43 (Appendix 1)
Type of Document
What you must do
Petition for Divorce (Form 72A)
You can buy this form for $1 at the court.Review example on how to fill it out as a sole petitioner. Attach cheques for filing fee ($100), clearance certificate ($10), marriage certificate and any required financial information.
This is a preprinted form Example E.1.2 See pg 56 (Appendix 1)
See Appendix 7 for more information about creating and filing documents.
Joint Petition for Divorce (Form 72B) This is a preprinted form
You can buy this form for $1 at the court. Review example on how to fill it out when you are both petitioners.Attach cheques for your filing fee ($100) and clearance certificate ($10), marriage certificate and any required financial information. Note: Only use a Joint Petition if you have settled all issues and are able to fully cooperate with your spouse.
Example E.2: See pg 14 (Step 2)
Cover Letter This is not a form
Type this letter to go with your Divorce Petition and attachments when you file.
Example E.3: See pg 23 (Step 3)
Personal Service (Affidavit of Service – Form 18B)
If you use personal service you must create this form for your server.The example shows you how the server must fill it out.The server must have it witnessed by a Commissioner of Oaths. Note:The Petitioner is not permitted to serve the Petition. It must be served by another adult.
You have to create this form
Example E.4: See pg 24 (Step 3)
Service by Registered Mail (Affidavit of Service – Form 18B) You will have to create this form
If you use service by registered mail, you must create Form 18B.The example shows how the server must fill it out.It must be witnessed.
Note: Each sample form or document contains hypothetical information that is clearly identifiable as blue or handwritten text.When you fill in your own forms, or create your own documents, you must replace the relevant information with your own accurate information.You can also find the Forms of Court (http://www.gnb.ca/0062/regs/Form/form_liste.htm) and Rules of Court (http://www.gnb.ca/0062/regs/Rule/rule_list.htm) on the government of New Brunswick’s web site at www.gnb.ca under ‘Acts and Regulations’.
Doing your own Divorce in New Brunswick
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Documents You May Need