Services

Home > Services

Annulments

Understanding Annulment in Ontario: Legal Process and Eligibility

Understanding Annulment in Ontario


An annulment is a court order that deems a marriage void, treating it as though it never happened. The Annulment of Marriages Act governs annulments in Ontario (AMA). An annulment requires a court application and proof of a flaw in the formal or fundamental legitimacy of the marriage.


Difference Between Divorce and Annulment

Divorce and annulment have different legal consequences, even though they both permit parties to get married again or form new relationships. An annulment considers the marriage to have never occurred, whereas a divorce ends a legally recognized union. If formal or essential validity flaws cannot be proven, the alternative is to obtain a divorce. An annulment may be inquired about in short-term marriages, although eligibility is contingent upon fulfilling certain requirements.


Formal Validity of the Marriage

Formal validity of a marriage is governed by provincial law and pertains to irregularities in the marriage ceremony. Adhering to provincial regulations regarding marriage ceremonies is crucial. Examples of issues that can render a marriage void include improperly published banns, irregularities in the issuance of marriage licences, or an officiant conducting the ceremony without proper authorization.


Essential Validity of the Marriage

Federal law governs essential validity, which deals with matters pertaining to one or both spouses' capacity. Some examples of essential validity flaws are:


Inability to Consummate: Rendering the marriage voidable until one party applies for annulment.

Prohibited Degrees of Relationship: Marriage between individuals closely related by blood or adoption is prohibited.

Prior Existing Marriage, Age, Consent: Factors such as existing marriage, underage marriage, or lack of consent due to mental incapacity, duress, fraud, or mistake can invalidate a marriage.


Conclusion

For those looking to dissolve their marriages in Ontario, it is important to understand the differences between an annulment and a divorce. When a marriage has flaws in its formal or fundamental validity, annulment is a legal remedy that lets the parties carry on as if the marriage never happened. Speak with legal professionals experienced in Ontario Family Law for further information on eligibility and procedure for annulments.


Need Help ?

Get Professional Help