Posted on: 18 February 2015
When you want to declare that your marriage is null and void in Canada, it is referred to as an annulment. A legal annulment is one that the court recognizes, so on record you are no longer married. It is important not to get this confused with a religious annulment, which is not recognized by Canadian courts. Here is more information about getting an annulment.
What are legal reasons to get an annulment?
There are a variety of reasons that allow you to get an annulment, though the judge in the case will make the final stay. If you fit any of these descriptions, you may be able to file for an annulment:
- You had a shotgun wedding that was not planned and that you and your spouse regretted shortly afterward
- Your spouse was already married when you got married to them, but you did not find that out until later
- You have married someone who is a close relative, such as a sibling or a cousin
- You didn't have the proper mental capacity to understand you were getting legally married to someone
- You were told the wedding ceremony was not a real and legal ceremony when you agreed to it
- You were a minor when you got married and did not have the consent of a parent or guardian
What if you married for immigration reasons?
In most cases, getting married for immigration reasons then later changing your mind, is not necessarily means for an annulment. However, if you got married due to immigration purposes and you also fit one of the other categories for getting an annulment, you should still qualify. Speak to a divorce attorney for more information about this.
What if there is a dispute about sexual relations?
If you or your spouse is physical incapable of having sexual relations, you may be able to get an annulment. This can either be a complete inability from the start of your marriage, or something that occurred later on. Not being able to consummate your marriage for physical reasons is a valid reason to have your marriage annulled. However, if your spouse simply refuses sexual relations, that is not a legal reason to have the married annulled. You will need to file for a divorce.
What is the difference between an annulment and divorce?
When you have your marriage annulled, it will be wiped from your record and be like you were never married in the first place. With a divorce, it will go on your public record. While many people believe an annulment is cheaper, it I actually more expensive. There is a more complicated process because you need to prove to a judge that you fit one of the aforementioned reasons for an annulment. Divorce in Canada is more streamlined and tends to be an easier, though longer, process.
For more information, contact Rella, Paolini & Rogers or a similar firm.Share