An annulment is a legal procedure that declares the marriage to be invalid. Annulments in Ontario are governed by the Annulment of Marriages Act (the AMA). This legal procedure differs from a divorce since a divorce terminates a legally valid marriage, while an annulment acts as if the marriage never happened in the eyes of the law. If you are unable to prove a defect in the validity or formality of the marriage, couples must proceed by obtaining a divorce. Contrary to popular belief, the length of the marriage is not a considerable factor in granting an annulment. Therefore, short-term marriages do not automatically constitute an annulment. In Ontario, there are six specific grounds that warrant an annulment.
- A spouse is a minor and did not seek parental consent. Under section 5(2) of the Marriage Act, a minor who is sixteen or younger, can marry if they have written consent from their parents. A violation of this provision would constitute reasonable grounds for an annulment.
- A spouse lacks mental capacity to marry by reason of being under the influence of intoxicating liquor or drugs for any other reason. Under section 7 of the Marriage Act, individuals are safeguard against marriages that were entered into without the appropriate frame of mind. This provision also encompasses predatory marriages, wherein one party might be vulnerable to exploitation due to diminished capacity, such as advanced age or a diagnosis like dementia. When a person lacks the capacity to make a sound decision to marry, unscrupulous opportunists may take advantage of them for financial gain (see: Tanti v. Tanti, 2021 ONCA 71).
- The marriage was not consummated. A refusal to consummate is not sufficient grounds to issue an annulment, but rather the inability to consummate the marriage due a spouse’s physical or psychological incapacity, unknown at the time of the marriage, would warrant the annulment (see: Razavian v. Tajik, 2019 ONSC 5662).
- The marriage was fraudulent and entered to under fear and duress. Cases involving physical violence or mistaken identity are instances that would fall under these categories. It is important to note that cases of immigration fraud, where individuals were tricked into a marriage solely to obtain Canadian citizenship, cannot be relied upon to grant an annulment (see: Grewak v. Kaur 2009 ONSC 66913).
- One spouse was already married without the other person knowing. Entering a new marriage while still married to someone else, known as bigamy, is illegal in Ontario. In these cases, the second marriage is typically considered void.
- The parties are relatives. According to section 2(2) of the Marriage (Prohibited Degrees) Act, no personal shall marry another person if they are related lineally, or as brother or sister or half-brother or half-sister, including by adoption. A violation to this provision would result in a quick affair of annulment.
At Blackburn Lawyers, we strive to provide efficient and effective services for every family law matter while ensuring the best interest of the child. If you and/or a loved one has any questions regarding an annulment, please contact our family law lawyers today.
Disclaimer: This blog sets out a variety of information relating to law that is to be used for educational purposes and is not legal advice for your matter. The author does not intend for this blog to be a source of legal advice.
Written by: Adriana Totera
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
