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SEPARATION AGREEMENT

Separation Agreements in New Brunswick

This page is the free New Brunswick guide. No sign-in. Read on, or take the checklist as a PDF.

Facts checked September 2026 · See what changed · How we check

Governing legislation: Marital Property Act, S.N.B. 2012

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New Brunswick separation checklist

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If you want a starting draft to take to those lawyers, LawDepot's separation agreement is built for Canadian provinces.

  1. 1

    Property Division

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    Equal division of marital property.

    What can be excluded

    Gifts, inheritances, pre-marital property may be excluded.

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  2. 2

    Spousal Support

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    Economic need, length of marriage.

    Duration: Negotiated.

    The federal Spousal Support Advisory Guidelines (SSAGs) are used as a reference across Canada for calculating support amounts and duration. They are not legislation, but courts and lawyers treat them as a strong starting point.
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  3. 3

    Child Support

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    Child support cannot be waived

    Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. An agreement that sets child support below the Federal Guidelines amount is not binding.

    Federal Child Support Guidelines apply.

    → Calculate child support using the federal online tool↑ Close this section
  4. 4

    Parenting Arrangements

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    Terminology in New Brunswick

    Parenting arrangements under federal Divorce Act.

    Best interests of child.

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  5. 5

    Signing Requirements

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    Witnesses

    Must be witnessed.

    Independent Legal Advice

    Strongly recommended.

    Court Filing

    File with Court of King's Bench if enforcement needed.

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  6. 6

    Steps to Complete Your Agreement

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    1. 1
      Disclose.
    2. 2
      Negotiate.
    3. 3
      Draft.
    4. 4
      Get ILA.
    5. 5
      Sign.

    Critical points for New Brunswick

    • !Child support non-waivable.
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  7. 7

    Federal Mechanics: What a Separation Agreement Can't Do On Its Own

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    RRSP / RRIF transfers: Form T2220

    A separation agreement authorizes an RRSP or RRIF transfer, but it does not move the funds. Your financial institution needs a completed T2220 (Transfer from an RRSP, RRIF, PRPP or SPP on Breakdown of Marriage or Common-law Partnership) to process the transfer tax-free. Without T2220, the transfer triggers tax. File the form with your financial institution after your agreement is signed.

    T2220: canada.ca →

    Getting divorced vs. separating

    A separation agreement does not end your marriage. To legally divorce, file a divorce application at your province's superior or supreme court under the federal Divorce Act. The main ground is living separate and apart for one year. Uncontested divorces can often be done without a lawyer. You can have a separation agreement and remain legally married, or divorce later after the agreement is in place.

    Federal Divorce Act guidance: justice.gc.ca →

    Pensions beyond RRSPs

    Defined-benefit pensions, LIRAs (Locked-In Retirement Accounts), and other pension assets each require their own plan-specific transfer forms, not just the separation agreement. CPP contributions made during the relationship can be equalized through a CPP credit split applied for through Service Canada. Confirm with each pension administrator what forms are needed.

    Independent Legal Advice (ILA): affordable options

    Both parties should get ILA before signing. This does not have to mean a full retainer. More affordable options include:

    • Legal aid: available to income-qualified individuals in every province. Contact your provincial legal aid plan.
    • Law society referral services: most provincial law societies offer a free or low-cost initial consultation (often 30 minutes). Check your law society's website.
    • Unbundled legal services: a lawyer who reviews your draft agreement and advises you for a flat fee, without full representation. Ask specifically for "limited scope retainer" or "unbundled services."
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Official sources

Facts checked September 2026

Guidepost is not a law firm. Family law is complex and fact-specific, this guide is for general informational purposes only and is not legal advice. Consult a family lawyer before signing any separation agreement. Full disclaimer.

Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.