When marriages face irreconcilable differences, many assume divorce is their only solution. Under Canadian law, however, an annulment could provide another path – depending on individual circumstances and requirements. While divorce legally ends a valid union between partners, annulments declare it never was valid, to begin with, and provide grounds for its annulment rather than divorce proceedings. But how does one get one, and does it differ from divorce?
In this blog series, we’ll look into annulments across Canada, any relevant legal proceedings, and whether annulment could provide better solutions than divorce!
What Is an Annulment?
An annulment is a legal declaration that a marriage was never valid – in other words, treating the union as though it never legally existed at all. Contrarily, divorce acknowledges a valid union which now stands but no longer has legal standing. If you are confused regarding your situation, consult a family lawyer. You can also find them in a considerable price range as the average family lawyer’s hourly rate is not that high.
Religious Annulments vs. civil Annulments
There’s an essential difference between civil annulment and religious annulment:
- Civil annulment proceedings can be obtained through court action and immediately impact legal marital status.
- Religious annulments are granted by a religious institution that does not have legal standing under Canadian law.
If you plan on remarrying after an annulment, a civil annulment provides legal grounds for doing so.
Grounds for Annulment in Canada
Annulments are more complicated than divorces to obtain as you must prove that the marriage was never valid in the court’s eyes and under specific legal grounds, including:
1. Lack of Consent
A marriage may be annulled if either party fails to give full and informed consent before entering into marriage, including:
- One spouse was coerced or forced into entering into this marriage.
- One spouse was under the influence of drugs or alcohol at the time of marriage.
- One spouse was mentally disabled and was incapable of grasping the concept of marriage.
2. Fraud or Misrepresentation
If one partner falsified any crucial details before marriage, such as:
- One spouse deceived their partner about who they were.
- One spouse concealed a vital matter involving another marriage arrangement.
- If procreation was one of the primary motivations behind their marriage, one spouse may misrepresent their ability to have children and the likelihood of success during gestation.
3. Non-Consummation
According to Canadian law, an annulment may be granted if a marriage was never physically consummated – that is, never had any sexual relations post-wedding – for whatever reason (physical, psychological or other). Any incapacity must not simply result from refusing sexual relations but instead must have occurred due to some physical or mental issue and not out of merely wanting it or an unwillingness.
4. Bigamy or Polygamy
Suppose either spouse was already legally married at the time of their wedding ceremony. In that case, that marriage can be declared invalid and annulled – in Canada, both forms of bigamy/polygamy are illegal practices that should never occur.
5. Underage Marriage
In Canada, individuals aged 16 or 17 who want to marry require parental permission before proceeding; anyone marrying before this legal age limit could potentially see their union annulled by authorities.
6. Close Blood Relatives
Canadian law recognizes marriage between close relatives (such as siblings or parent-child relationships ) as invalid and can annul such unions.
How to File for Annulment in Canada
Annulments differ from divorce in that they fall under provincial legislation and follow different steps during their process. They involve:
- Filing an Application – When filing for annulment in your province or territory, an annulment request should be filed with the applicable court.
- Preparing Evidence – To meet one of the legal grounds for annulment, you must present evidence showing why your marriage falls within its scope.
- Participate in Court Hearing – When attending a court hearing, an administrative judge will examine your evidence before ruling on annulments.
- Receive Judgment – Once a court approves, an annulment declaration will be issued, officially declaring that your marriage never met legal criteria and was invalid.
The process can be time-consuming and complex when gathering evidence of the invalidity of marriage. If you want your process to be smooth as butter, contact the best family Lawyers in Edmonton.
Annulment versus Divorce: Which Option Are Right for Me?
Annulment Can Be the Solution When:
- The Agreement Doesn’t Meet Expectations
- Have evidence proving the marriage is invalid.
- If you want to avoid Divorce Laws Concerning Spousal Support and Property Division.
- If you need to Remarry According to Certain Religious Traditions that Prohibit Divorce
Divorce Is Easier When:
- Divorce can often be more straightforward if there’s no proof your marriage was invalid, but you still want a separation.
- If your marriage has already gone on for an extended period and has generated joint assets and children,
- If your application doesn’t satisfy all the strict annulment criteria.
Does an Annulment Impact Child Custody and Support?
An annulment does not change Canadian law regarding legitimate children born during a marriage and their subsequent upbringing, with custody, support, and visitation rights determined similar to those in a divorce; both parents maintain financial and legal responsibility for them.
Final Thoughts
Annulments and divorces both serve to end marriages legally; however, they serve different legal functions. Annulments may only apply in specific situations like fraud, lack of consent or non-consummation, whereas divorce may provide the more practical solution if your relationship doesn’t fit those criteria.
Considering an annulment or divorce? Consultations with a knowledgeable family lawyer are invaluable when making important decisions about marriage, children and finances. With their expertise on hand, it will allow for informed choices regarding marital relationships, children and financial future.
