An annulment is not the same as a divorce. A divorce ends a valid marriage. An annulment is a legal declaration that the marriage was never valid in the first place.
Annulments are rare in Ontario. They only apply in specific legal circumstances. For most people, divorce is the right remedy. But in certain situations — such as bigamy or a forced marriage — an annulment may be appropriate.
At Unified LLP, our Toronto family lawyers help you understand which option applies to your situation.
Void Marriages vs. Voidable Marriages
Void Marriages Invalid from the Start
A void marriage has no legal effect. It was never a marriage, regardless of what a court says. Common examples in Ontario include:
- Bigamy where one or both parties were already legally married to someone else
- Marriage between close relatives is prohibited under Ontario’s Marriage Act
Either party can apply to the court for a declaration of nullity, a formal confirmation that no valid marriage ever existed.
Voidable Marriages Valid Unless Challenged
A voidable marriage is valid unless one of the parties takes steps to have it annulled. Grounds for a voidable marriage in Ontario include:
- Non-consummation the marriage was never physically consummated
- Lack of genuine consent including marriage under duress or threats
- Mental incapacity at the time of the ceremony
- Age one party was underage and did not have the required parental or court consent
If you do not seek an annulment, a voidable marriage remains legally valid.
Annulment vs. Divorce — Which Applies to You?
| Annulment | Divorce |
|---|---|
| Does not resolve spousal support automatically | Spousal support addressed in the process |
| Marriage treated as never having existed | Ends a valid marriage |
| Specific legal grounds required (rare) | Available to any married couple |
| May affect property rights; legal advice essential | Governed by Ontario’s Family Law Act |
| Available immediately if grounds exist | Usually requires 12 months separation |
Religious Annulment vs. Legal Annulment
A religious annulment granted by a church or religious authority has no legal effect in Canada. Your civil marriage remains valid in the eyes of the law until a court grants a legal annulment or divorce.
Similarly, a legal annulment or divorce has no effect on your religious marital status. If you need both, you must pursue each through the appropriate process.
What Happens to Property and Support After an Annulment?
This is where annulments can get complicated. If a marriage is void, the legal basis for the Family Law Act’s equalization provisions may not apply automatically. Property rights may need to be determined through other legal claims, such as unjust enrichment or trust claims.
It is essential to get legal advice before seeking an annulment, particularly where there are significant assets or support considerations involved. We help you understand the full picture before you proceed.
Your Annulment Questions
How do I apply for an annulment in Ontario?
You apply to the Ontario Superior Court of Justice for a declaration of nullity. The application sets out the grounds and supporting evidence. Our lawyers prepare and file everything on your behalf.
Is an annulment faster than a divorce?
Not necessarily. Both require court proceedings. A divorce may actually be simpler if you have been separated for 12 months and there are no complicating factors. We advise on the most efficient path.
Can I get an annulment if the marriage was very short?
The length of the marriage does not determine whether an annulment is available. The grounds listed above must exist. If they do not, a divorce is the appropriate legal remedy.
