The New Brunswick Rules of Court set out the applicable fees for legal proceedings in the Family Division (Rules 72.24, 73.20 and 78). Payment of fees may be waived in certain limited circumstances (Rules 72.24(2), 72.24 (2.1) and 73.20).
(1)A party to a divorce proceeding shall pay to the Registrar
(a) on filing a Petition for Divorce or a Joint Petition for Divorce, a fee of $100.00, and
(b) on filing an Answer or an Answer and Counter-Petition, a fee of $20.00.
When fees may be waived:
(2) The Registrar shall waive payment of a fee under paragraph (1) if
(a) The solicitor for the party certifies that remuneration for legal services will not be paid and payment of the fee will impose financial hardship,
(b) The solicitor for the party files a Certificate of Solicitor (Form 72FF) with the Registrar at the same time as the Petition for Divorce, Joint Petition for Divorce, Answer or Answer and Counter-Petition is filed, or
(c) The party is a recipient of assistance under the Family Income Services Act.
(2.1) Where the Registrar waives payment of a fee under paragraph (2), the clerk shall waive payment of a fee under Rule 78.01 (e), (f), (g), (h), (i), (j) or (k).
(3) A party registering an order under Rule 72.23 shall pay to the Registrar a fee of $5.00.
(4) A person to whom a Certificate of Divorce is issued shall pay to the Registrar a fee of $7.00.
A party is not required to pay fees to the administrator or a sheriff, where the party is a recipient of assistance under the Family Income Security Act or legal services in a proceeding under this Rule are paid for under a legal aid program.
General Rule dealing with fees (Rule 78)
See in particular:
Rule 78.01 Fees payable to the Court of Queen's Bench
Rule 78.03 Circumstances when fees may be waived
Method of payment
Payment must accompany all documents to be filed and may be made in person at the appropriate court by way of:
- Certified cheque
- Money Order
- Debit card
- Credit card
Payments by certified cheque or money order may also be mailed to the appropriate court.
Cheques and money orders must be made payable to the Minister of Finance for the Province of New Brunswick.