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Marriage: Divorce or Annulment in Family Law?

I recently spoke to someone who had legally married a few months prior. This person explained that once married, she and her new spouse did not live together as husband and wife. They did not consummate their legal union; meaning they did not have sexual intercourse after they married.

The client asked how could they proceed to end their marriage. Should they have the union annulled or should they proceed to get a divorce? A very interesting question because there is difference between a divorce and an annulment in  law.

Divorce

A divorce signifies that a valid marriage is over. There are three grounds for a divorce in Canada:

Annulment

A legal annulment is a declaration by a judge that the marriage is void and never existed in law. The majority of marriages end in a divorce. Marriages that end in annulments are quite rare.

What about those short marriages, of several hours or even days?

Some think that because a marriage is of short duration that an annulment is the way to go but the length of a marriage plays no factor in determining whether or not the Courts will grant an spouses an annulment.

Here are some examples of circumstances that may result in a Court granting an annulment:

There are also religious annulments, which are not recognized by our government or Courts. If you obtain a religious annulment, you are still a married person under Canadian law. A religious annulment may be granted for different reasons than a legal annulment, which you would have to talk to your religious leader about.

It is personal choice on how one should proceed. It is much more difficult to obtain an annulment as often the basis for the Court to grant the annulment have not been established. One benefit to proceeding to obtain a divorce is that the cost is much less than proceeding to obtain an annulment and the process may take less time.

If you are considering a divorce, are in a situation where you think you may be able to obtain an annulment or need to consult with a lawyer about any other family law issues, please do not hesitate to contact me to schedule a consultation where we can discuss your matter. I can be reached via email or by phone at 519.660.7782.

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