How is property divided in a separation in New Brunswick?

Equal division of marital property. Exclusions: Gifts, inheritances, pre-marital property may be excluded.

Can a separation agreement be changed later?

Yes. Agreements can be varied by mutual consent at any time. Courts can also vary child support and spousal support if there has been a material change in circumstances. Property division is generally final once agreed.

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Separation Agreement

Separation Agreements in New Brunswick

Q: Can child support be waived in a separation agreement?

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

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

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Property Division

Equal division of marital property.

What can be excluded

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

Spousal Support

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.

Child Support

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

Parenting Arrangements

Terminology in New Brunswick

Parenting arrangements under federal Divorce Act.

Best interests of child.

Signing Requirements

Witnesses

Must be witnessed.

Independent Legal Advice

Strongly recommended.

Court Filing

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

Steps to Complete Your Agreement

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

Critical points for New Brunswick

!Child support non-waivable.

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Official sources

Last updated: June 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.