A Divorce is the final ending of a legal marriage returning a couple to single status again with the ability to re-marry, whereas an annulment marriage in Ontario is a legitimate process that can cancel a marriage. An annulled wedding is removed from a legal perception and announces that this wedding legally never existed and was not lawful.
A court of law in Ontario may declare the marriage null and void in this situation. It’s crucial to understand the difference between a divorce and an annulment. More knowledge about this subject is present here.
What is Marriage Annulment?
In Ontario, an annulment of your relationship, unlike a divorce, which signifies the end of your wedding, implies that a court can pronounce your marriage invalid and dead. Please remember that civil annulments are uncommon and difficult to prove in Ontario.
When it comes to getting a marriage annulment in Ontario, the reasons are limited. It is critical to seek advice from a family law professional when pursuing such an annulment that could charge more and last more than a typical uncomplicated Divorce lawyer Barrie.
Grounds for Annulment in Ontario:
Either of the following bases can be used to get a civil annulment, which formally terminates your wedding: trickery or falsehood, absence of completion, underage marriage, and lack of agreement, unstable mind, or violence. That will almost certainly necessitate consulting a lawyer, something you may not require to do if you seek a no-fault divorce.
- Inability to Consummate: If one of the partners is reluctant to complete the connection, a judge or jury can annul the wedding. If a particular act of completion has already occurred, this cannot be a reason. On the other hand, an annulment petitioner should have had a credible intention of having physical contact with their partner at the moment of the wedding.
Underage Marriage
One of the partners is below 18 and has not sought parental approval. A youngster who is 16 years or older can marry in Ontario provided both parents accept under article 5(2) of the Marriage Act.
Participation in Marriage While Intoxicated
If you or your partner were under the effect of a drug at the moment of your union, you could be able to demonstrate unacceptable conditions. You might be able to receive an annulment in Ontario if you could not grasp what you were committing due to alcohol or a mental illness.
Close Blood Relation
Suppose the partners are biologically or adoptively in relation. Weddings between siblings, even half-siblings and adoptive brother and sister, are forbidden and voidable under the Marriage (Prohibited Degrees) Act.
Annulment Due to Threats
The wedding took place under pressure, hardship, or terror. Claims of physical assault and incidents of misidentification are examples of this. Married couples committed simply for the sake of immigration will not get an annulment in Ontario.
Prior Marriage
On the day of their wedding, one partner was ignorant that the other partner was previously officially married, which still can apply for an annulment. Despite the common belief, the duration of a relationship is not a reason for annulment in Ontario. As a result, although you were only wedded for several days, you will not be eligible for an annulment in Ontario. You could still retain legal duties and rights towards the spouse you married even if your relationship was not officially recognized. For instance, if a wedding is annulled, demands for assistance, parental rights and contact, and equity solutions for property partition may still emerge.
Religious Annulment:
You could be suitable for a religious annulment if you cannot get an annulment in Ontario through the judicial process. A religious annulment will require consultation with your spiritual advisor. Even if you get a religious annulment, it doesn’t ensure you’ll get a legal one as well. You might need to go through the judicial system to get a separation.
Process of Getting an Annulment
If you believe you may be eligible for an annulment in Ontario, proceed by approaching the office and scheduling a meeting with one of our attorneys. They can assist you to figure out if an annulment is available or if you’ll have to go through the more regular divorce proceedings.
The first step is to ensure that one satisfies at least one of Ontario’s lawful grounds for annulment. The cause must be related to a legal matter or a problem with one of the couples’ abilities. After determining and establishing the legitimate basis for nullifying the wedding, the annulment application documents are completed and submitted to the courts. While finishing out the form, it is critical to seek the advice of an expert family law lawyer for annulment in Ontario. The petitioners are then given a trial date to testify before a judge. People can challenge annulments in court, just like they can challenge divorces. It doesn’t often occur because the sides consent to it earlier in the partnership. Whether a spouse chooses to have their marriage annulled or divorced, the procedure is usually unpleasant.
To guarantee that the process moves as quickly as possible, efficient communication, tolerance, and substantial legal assistance are required.
