How to Get an Annulment in Canada

What an annulment entails

Some people dislike the label "divorced" and ask at their first meeting whether the marriage can be annulled instead. An annulment is a court order declaring that the marriage was never legally valid from the beginning — as opposed to a divorce, which ends a valid marriage.

Qualifying for an annulment is much harder than qualifying for a divorce. Specific grounds must be proven, and the court will not grant one simply because the marriage was short or regretted.

Grounds that can support an annulment

• Lack of mental capacity — one party did not understand the nature of the ceremony, due to a proven condition or severe intoxication at the time
• An inability to consummate the marriage that existed at the time of marriage and was unknown to the other party — the case law distinguishes true incapacity from a wilful refusal, which is not a ground
• A prior existing marriage — one party was already legally married
• Being under the legal age without required consent
• Fraud or duress so serious that true consent to the marriage never existed

How the process works

Either spouse may apply to the Superior Court of Justice for a declaration that the marriage is void or voidable, with evidence proving the ground relied on. Because the evidentiary burden is real — medical evidence, witness evidence, documents — an annulment application usually costs more and takes longer than an uncontested divorce.

Keep in mind that a civil annulment is separate from a religious annulment. A religious body's annulment does not change your legal status, and a civil annulment does not grant a religious one.

Why most people divorce instead

For most separating couples, the practical route is a divorce based on one year of separation — no fault to prove, no capacity evidence, predictable procedure. And even where a marriage is annulled, family law claims about support and property may still be available to a party who married in good faith, so annulment is rarely a way to avoid financial obligations.

If you are weighing annulment against divorce, bring the facts to a consultation — the first 15 minutes are free — and we will tell you plainly whether an annulment is realistic in your situation.