Grounds for Annulment in Toronto

Before touching on the subject of grounds for annulment in Toronto, it is important to note that marriage is a lawful union of two consenting persons to the exclusion of all others. However, the people involved in a marriage could part in the future for various reasons. In such a case, a court of law could annul the marriage. An annulment is simply a court declaration that a valid marriage is void and never existed. It is important to note that a divorce is quite different from an annulment. Here is some more information about this topic.

Divorce vs. Annulment

Divorce becomes effective from the date of a court ruling dissolving a marriage. This means that the court recognizes that the two people involved were married and lived together at some point in the past. On the other hand, an annulment does not recognize that the parties involved were married at any point in the past. A clear understanding of this distinction is important before proceeding any further.

Grounds for Annulment in Toronto

There are several grounds for annulling a marriage in Toronto. These include:

Inability to Consummate

A court of law can annul a marriage if one of the parties involved is unwilling to consummate the relationship. One cannot use this as a ground if a single act of consummation has already taken place. However, the person filling for an annulment must have had reasonable expectation of engaging in sexual relations with his/her spouse at the time of marriage.

Annulment Due to Threats

A person who marries another person under duress can use this fact as grounds for annulment. One can only enter into a marriage under his/her own free will.

Prior Marriage

A spouse who enters into a marriage without knowledge of his/her partner’s prior marriage (that still stands) can file for an annulment.

Close Blood Relation

It is illegal for close relations such as siblings or parents and their children to marry in Ontario. With this in mind, one can use this fact as grounds for filing an annulment.

Underage Marriage

Parties under the age of 18 involved in a marriage without parental consent can apply for an annulment.

Participation in A Marriage Ceremony While Intoxicated

Couples that get married while under the influence of drugs or alcohol or without full control of their mental faculties can file for annulment.

All in all, if you would like to annul your marriage, it is advisable to consult a qualified attorney as quickly as possible. Your lawyer will look at the evidence, help you fill out the relevant annulment application forms, as well as submit them in court. Some of the grounds for annulment in Toronto that you can use include marriage under duress, inability to consummate, as well as participating in a marriage ceremony without full control of your mental faculties.

A Toronto divorce lawyer may just be what you need. After all, dealing with family law matters on your own is not a pleasant matter.