Understanding the Grounds for Marital Annulment in Canada

Understanding the Grounds for Marital Annulment in Canada

First, it is best to understand the difference between divorce and annulment. A divorce ends a marriage. It means a couple has decided that going their separate ways is for the best, while annulment voids marriages. That is, it makes their marriage seem as if it did not exist or never happened.

In most cases, marital annulments might relieve one partner from financial or legal duties but might still be expected to carry out spousal, property laws, child support, or other obligations. Legal grounds for annulments vary across Canada.

However, the process of marital annulments costs more compared to a divorce process. Nevertheless, ensure you make plans and go through them with legal support.

What Are the Legal Grounds for Marital Annulment Deeds in Canada?

If you want an annulment in Canada, you must have solid proof and legal grounds to ensure success. The following are five legal grounds for a marital annulment in Canada:

• Mental imbalance

If one of the partners or both were mentally unstable when they got married, you might be eligible to get an annulment. Mental instability includes being under the influence of alcohol or drugs, developmental disabilities, and mental illness.

• Non-consummation

You are eligible for an annulment if you and your partner have not consummated your marriage. That is, since you both got married, you and your partner have not had sex. Note that if you both have had sex once, this ground will not work for you.

• Marrying minors

If one or both partners were under 18 years of age, this ground for annulment might work. Also, note that, in special cases, like if both partners were 16 or 17 years old and had parental consent, their marriage might remain valid.

• When the partners are related by adoption or blood

If you or your partner are closely related by adoption or blood, you have legal grounds for annulment. That includes getting married to your first cousins, half-siblings, and siblings.

• Fraud

If you or your partner lied about a vital experience, like their sexual and reproductive health, identity, or financial situation, you might be able to get an annulment because you were deceived.

What Effects Can An Annulment Have On Me?

If you have decided to end your marriage as an annulment, then it means you have never married or that the marriage you thought you had never existed. However, note that there is no way an annulment would not have some effect on you. The possible effects include:

• Spousal support

Sometimes, annulments might influence spousal support. If your marriage is annulled, you might have no obligation for spousal support payments because your marriage is already considered void.

• Legal status

When your marriage is annulled, it means you have never been married. So, it is safe to remarry or use the marital status “single.”

• Property distribution

Marital annulment processes quite differ from getting a divorce. For annulments, when it comes to property allocation, each partner gets to take what they have brought into that marriage. Other properties will also be divided, but that is based on the partner who paid for them.

• Child custody and care

Understand that when your marriage is annulled, and you and your partner already have a child together, both partners will determine child custody and care arrangements. These arrangements must be approved by the court to ensure they are in the child’s best interest.

Conclusion

In Canada, there is no fixed time frame for obtaining an annulment. The process can take several months or even up to a year, depending on the complexity of your case and the court’s schedule. It’s important to note that postponing your annulment filing could make the process more difficult and time-consuming.