Everything You Need To Know About Marriage Annulment Ontario

In contrast to a divorce, which means termination of a marriage, a marriage annulment means that a marriage never legally happened. It is important to note that the court does not recognize religious annulments, which state that something was lacking in order to validate the relationship as a marriage. Canadian law limits the grounds for seeking an annulment. Guidance from a family law expert is essential in order to seek an annulment, which may cost more and take longer than normal uncontested divorces.

Grounds For Annulment

1)      The marriage took place when one spouse was already married to another person, without the knowledge of the other spouse.

2)      One spouse was ignorant of the fact that the ceremony was in fact a wedding.

3)      A marriage contract is invalid if one spouse lacked the mental capacity to enter into it.

4)      Marriage took place while one spouse was intoxicated to the point that consent was impossible.

5)      Marriage entered into fraudulently or under duress.

6)      One spouse was underage and lacked parental consent.

7)      Inability to consummate the marriage due to a physical or mental problem that was unknown at the time of marriage.

Marriages that took place for immigration reasons do not qualify for annulment, unless they also meet one of the valid grounds for annulment. When it comes to sexual reasons, the fact that one partner is unwilling to have sex is not grounds enough for an annulment.

As opposed to uncontested divorces, marriage annulments require a court date. Under the family law act, certain obligations such as child and/or spousal support as well as other property laws may still apply when a marriage is annulled.

Process of Getting a Marriage Annulment in Ontario

The first thing to do is to make sure that one meets at least one legal ground for annulment in Ontario. The reason must relate to a legal issue with the ceremony itself or a capacity issue concerning one of the spouses. Having identified and laid down the legal grounds for annulling the marriage, one fills out the annulment application forms and submits them to the courts. It is important to seek the guidance of an experienced family law lawyer in Toronto while filling the application.

A hearing date is then set for the applicants to appear before a judge. As is the case with divorces, people have the option of contesting annulments in court. However, this does not often happen as parties agree upon it very early on in the relationship.

Whether a couple decides to pursue a marriage annulment or opt for a divorce, the process involved is usually painful. Effective communication and patience, coupled with excellent legal representation is needed to ensure that the process takes the shortest time possible.

Our family lawyers and Toronto divorce lawyers are here to assist you. Contact us today for your free consultation.