Annulment: How to Get Your Marriage Annulled

Even though marriage is frequently seen as a lifetime commitment, unforeseen obstacles might arise. Some situations might occur that make a union seem questionable. When a marriage is declared invalid, annulment can be an option. Although annulments are rare in Canada, they can be a useful legal remedy when they do happen. Unlike a divorce, an annulment declares that the marriage never took place in the first place.

We’ll go over all the important details of annulment in Canada in this article, including how it differs from divorce and the legal grounds needed to get one, as well as everything in between.

Annulment vs. Divorce: A Closer Look

Let’s check the main difference between annulment and divorce.

Annulment:

• Definition: Says that a marriage is void from the start as if it never happened.
• Grounds: Limited to specific circumstances, such as bigamy, mental incapacity, or fraud.
• Legal Implications: This can affect property division, spousal support, and child custody.
• Process: Typically more complex and time-consuming than divorce.

Divorce:

• Definition: Ends a legally recognized marriage, enabling both parties to get married again.
• Grounds: Usually based on irretrievable breakdown or separation. 
• Legal Implications: Includes spousal support, child support, and division of the property in divorce.
• Process: More common and often less complex than annulment.

Selecting Between Divorce and Annulment

The choice of whether to file for divorce or annulment is influenced by several variables, such as:

• Grounds: If you satisfy the particular requirements for annulment.
• Legal Implications: Possible effects on child custody, property, and maintenance.
• Personal Preferences: Your own motivations for divorcing and the results you hope to achieve.

By the way, there is also a choice of signing a separation agreement, which lets partners decide the details regarding child custody and property division without going to court. 

Why Is an Annulment Better Than a Divorce?

There are good reasons why someone would decide against getting a divorce in favour of an annulment, even if it is more difficult and costly. Religious or personal convictions serve as the main source of inspiration for many. To officially proclaim that a marriage was never lawful, an annulment might be helpful for people who want to escape the stigma associated with divorce in traditional or religious groups.

An annulment might sometimes seem like a fairer solution in situations involving fraud, pressure, or deceit. Rather than just admitting that the marriage didn’t work out, it highlights the reality that one partner was seriously harmed.

Canada’s Annulment Grounds

In contrast to divorce, whereby irreconcilable disagreements are sometimes sufficient, few rigorous legal requirements must be met to be annulled in Canada. Let’s examine more closely the main grounds for annulment of marriage in Canada.

• Previous Matrimony (Bigamy)

The second marriage is regarded as null and invalid if one partner was previously lawfully wed to someone else at the time of the new union. This may happen if one partner doesn’t tell the other that they are already married. It’s crucial to remember that bigamy is forbidden in Canada and that a marriage formed under these circumstances is voidable.

• Lack of Mental Capacity

If one spouse lacks the mental capacity to comprehend the terms of the marriage contract, the marriage may be dissolved. This could happen as a result of mental illness, an intellectual handicap, or even extreme drunkenness on the wedding day. In these situations, the court will take into account whether the party fully recognizes the importance of the marriage.

• Marriage by Fraud or Duress

Moreover, fraudulent marriages may be dissolved. An annulment may be warranted, for instance, if one partner entered the union under pretenses—for instance, by disguising a material piece of their identity or marrying for immigration considerations. 

Likewise, unions consummated under coercion (such as a “shotgun” or forced wedding) may be ruled null and void. In certain situations, the court will pay special attention to whether one of the parties was intimidated or forced into marriage.

• Marrying Underage

The marriage may be dissolved if one or both of the partners were not legally allowed to be married at the time of the union and did not receive parental approval. Even though this doesn’t happen very often in Canada, it is still a legitimate reason for annulment.

• Close Bonds

In Canada, unions between siblings or parents and children are not regarded as legally recognized. Certain marriages are annulable, and the procedure is usually simple in certain situations.

• Confusing Identity or Ritual

Rarely, if one or both parties were unaware that the ceremony they took part in was legally binding, a marriage may be dissolved. For example, the marriage may be deemed invalid if one party believed they were attending a symbolic or non-binding wedding.

If you need further clarification, don’t hesitate to opt for legal service marketplaces to find a knowledgeable lawyer for your case. 

Legal Versus Religious Annulment

It is crucial to differentiate between a legal and a religious annulment. Based on their beliefs, several religious organizations, including the Catholic Church, grant annulments. But Canadian law does not recognize these. In Canada, until a formal annulment is obtained, you remain legally married even if you receive a religious annulment. Therefore, if you want an annulment that the government would recognize, you must take the proper legal action.

The Canadian Annulment Process

An annulment is more difficult to acquire and frequently more expensive than a divorce. When both parties agree on the terms of the divorce, it is called an uncontested divorce and can be finished without a court appearance. Conversely, the individual requesting the annulment has the burden of proof and must always present in court for an annulment.

The length of the annulment procedure varies based on the court’s schedule and the case’s intricacy, often taking up to a year. Furthermore, the expense of an annulment is far greater than that of a divorce, as it frequently entails court appearances, expert testimony (such as medical testimony in non-consummation instances), and legal arguments.

For instance, the marriage would be nullified if a couple lived together for a long time before one partner found out the other was still married to someone else, but they may still be recognized as common-law partners to make financial claims.

The common steps for the annulment process are the following:

• Speak with a Family Lawyer: When choosing the right approach for family law disputes, the best thing to do is work with a lawyer to navigate the complexities and lead you to the desired outcome. 
• Submit a Petition: Send the court a petition explaining the grounds for annulment.
• Give Proof: Provide corroborating documentation or witness testimony as proof.
• Court Hearing: Attend a court proceeding where the judge will be reviewing the evidence.
• Last Word: If approved, the union is deemed null and invalid as though it never happened.

Fraud in Immigration and Annulment

Immigration fraud is a frequent scenario in which annulment demands are made. The other spouse may file for an annulment if one spouse got married only to get permanent residence in Canada and never planned to have a real marriage. But it’s crucial to keep in mind that immigration fraud by itself does not provide a reason for annulment. Additionally, one of the officially recognized reasons for annulment must be met by the case.

An uncommon legal remedy that can only be used in certain situations is annulment. It’s crucial to speak with a knowledgeable family lawyer who can walk you through the procedure and explain your rights if you think your marriage qualifies for annulment.

Divorce is typically a simpler and more affordable way to dissolve a marriage for most people. Nevertheless, if you satisfy the requirements for annulment and believe that this course of action is more appropriate given your situation, you might be able to move forward with it and find peace of mind. For more instant answers to your questions and professional management of legal documents, don’t forget to subscribe to LawVo. 

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