What is The Main Difference Between Divorce and Annulment

Many people who are considering dissolving their marriage would like to know the difference between divorce and annulment. Both terms refer to the dissolution of the union between two people. However, an annulment differs from a divorce in that it implies that the marriage never existed.

When two people are divorced, the courts retain the records of the marriage. The female spouse has the option to keep her married last name, and the courts may grant her custody, child support and alimony. With an annulment, the marriage is deemed void from the date of the judgment, and the female spouse is not entitled to anything.

Grounds for Annulment

To qualify for the annulment of a marriage in Canada, the spouses must meet certain criteria. One of the qualifying criteria for an annulment is a previous marriage. If one of the spouses was already legally married when the two were “married”, the second marriage is illegal and void.
Another situation that would qualify a couple for an annulment is if one of the spouses was mentally incompetent during the ceremony. For example, the courts may not hold a mentally retarded person or a person with Down’s syndrome accountable for engaging in a marital ceremony.
If one of the spouses was not of legal age to be married, and that person did not receive signed permission from a parent, the courts will void the marriage. Additionally, if one person forced another person to marry under duress, the courts would also void the marriage.

Grounds for Divorce

Several grounds qualify a couple to obtain a divorce in Canada. Any situation in which a husband or wife cheats on the other spouse by having sexual relations or emotional ties with another party is eligible for a divorce. Cruelty to one’s spouse is another situation that would qualify a couple for a divorce. Additionally, two people who have been separated for one year will qualify for a divorce. Even if the parties were living in the same dwelling, the way that each person lives his or her life would determine whether the case is eligible.

Obtaining a Divorce or an Annulment

A married couple that believes they qualify for a divorce or an annulment may file the appropriate paperwork to start the process. The best way to go about starting proceedings is to contact a reliable family law firm and set up a consultation. A family law firm will be able to determine whether the marriage should be annulled or dissolved.

The difference between divorce and annulment is that two people who have successfully performed an annulment can continue life as if they had never been married before. A divorced couple must retain the records and the memories.

Not sure if you need a family lawyer or a divorce lawyer? We here at Fine & Associates will clear up any confusion you may have. Contact us today.