6 Ways to Get an Annulment in Ontario

An annulment is a legal procedure that declares a marriage null and void, as if it never existed. In Ontario, annulments are granted under specific circumstances, and unlike divorce, they focus on the validity of the marriage at the time it occurred. Here are six key ways to qualify for an annulment in Ontario:

1. Lack of Capacity to Marry

If one or both spouses lacked the mental capacity to understand the nature of marriage at the time of the ceremony, the marriage may be annulled. This could be due to reasons such as:

• Mental illness
• Intoxication or drug use
• Coercion or duress that affected consent

If either party was not able to freely give informed consent, the marriage can be declared invalid.

2. Underage Marriage Without Consent

In Ontario, the legal age for marriage is 18 years old. However, individuals aged 16 or 17 may marry with parental consent. If someone under 18 marries without the necessary consent, the marriage can be annulled.

3. Bigamy

Bigamy occurs when one spouse is already legally married to another person at the time of the second marriage. If it's discovered that one of the parties was already married, the second marriage is void, and an annulment will be granted.

4. Non-Consummation of the Marriage

Non-consummation refers to the failure of the spouses to engage in sexual relations after the marriage. While this reason is more traditional, it can still be grounds for annulment in Ontario, particularly when one spouse refuses or is physically unable to consummate the marriage, and the other spouse was unaware of this incapacity at the time of marriage.

5. Fraud or Misrepresentation

If one spouse deceived the other about a significant aspect of the marriage, an annulment may be possible. Examples of fraud or misrepresentation include:

• Concealing the inability to have children
• Hiding a serious illness or criminal history
• Marrying for immigration purposes without disclosing it to the other party

In such cases, the innocent spouse can seek an annulment if the deception affected their decision to marry.

6. Prohibited Relationship

Certain relationships are considered too close to legally marry under Canadian law. Marriages between close blood relatives, such as siblings or a parent and child, are prohibited. These marriages are considered incestuous and automatically void, making annulment a necessary legal step to dissolve the relationship.

Conclusion

Annulments in Ontario are relatively rare compared to divorces, as the grounds for annulment are more specific and limited. If you believe your marriage qualifies for an annulment, consulting with a family law lawyer is crucial to navigate the legal process and ensure your rights are protected. Each case is unique, and obtaining professional advice is the best way to assess your situation.