Annulment

An annulment is basically a declaration that a valid marriage is void. This is not the same thing as a religious annulment. The government and the courts do not recognize a religious annulment.

When can I get an Annulment?

The circumstances where an annulment is available are quite limited in Canada:

1. If youâ€™ve married someone who was already married and you did not know that when you married, you can get an annulment.

2. â€œShotgunâ€ weddings can be annulled.

3. If you donâ€™t have the mental capacity to understand what a marriage is, you can get your marriage annulled.

4. If you marry someone who is too closely related to you, e.g. your brother or sister, then you can get a marriage annulment.

5. If your marriage cannot be consummated, then you can get an annulment. Note that this means that there is a physical inability to consummate the marriage, not that there was a voluntary choice not to consummate the marriage. Additionally, if you knew at the time of the marriage that it was not possible to consummate the marriage, then you cannot get an annulment in Canada.

6. If you married under the age of 18 without your parentsâ€™ consent, you may be able to get an annulment.

7. If you did not know that the ceremony you were involved in was a real marriage ceremony, you may be able to get an annulment.

Marriage For Immigration Reasons

Those who have married for immigration reasons do not typically qualify for an annulment. The only time this is a situation where one would qualify for annulment is if they meet one of the normal grounds for annulment as well.

Annulment For Sexual Reasons

Many people consider annulment if they are in a marriage where one partner does not want to have sexual relationship with one another. The wish to not have sex with your partner does not qualify you for annulment, but if one of the parties cannot have sexual relations that is grounds for annulment.

Your Rights If You Get An Annulment

In Ontario and most other places, your rights â€“ for instance to child support and child custody — are about the same as if you were separating or divorcing.

Cost of Annulment

An uncontested annulment is more costly than an uncontested divorce. This is because there is a streamlined process for obtaining an uncontested divorce in Ontario, under which no court appearance is necessary. No such process exists for annulments, which requires a court appearance.

Short-Term Marriage

Just because your marriage is only one week long and was the biggest mistake of your life does not mean that you qualify for an annulment. You must still meet the normal grounds for an annulment.

Further Thoughts

Itâ€™s very rare that a person actually qualifies for an annulment; normally if you want to end your marriage civilly, you must proceed with a divorce.