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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-09-2005, 08:29 PM
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Default ? about annulment

Is homosexuality grounds for annulment?
If a man and woman marry, and then the woman discovers she is lesbian, is that grounds for an annulment?
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Old 12-10-2005, 08:27 AM
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marieneedshelp,

" If a man and woman marry, and then the woman discovers she is lesbian, is that grounds for an annulment?"

Quick question,

How does one discover they are a lesbian. I would think they always had these tendencies.

Same sex marriages are now legal in Ontario, so any extra marital affairs with someone of the same sex would be grounds for divorce if an annulment could not proceed.

I always heard you could get a marriage annulled in Ontario within the first 6 months for any reason. I am not sure if that is true.
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Old 12-10-2005, 03:26 PM
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I guess a lot of people think they may be gay, but try to hide it or change it, then end up marrying someone of the opposite sex, only to find out that they really are gay, and cant love someone of the same sex.
I just dont know if that in itself is grounds for an annulment, or if there has to be an affair involved.
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Old 12-10-2005, 07:34 PM
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How long were your married?

This link might help:
http://www.ottawadivorce.com/annulment.htm
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Old 12-10-2005, 08:16 PM
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marieneedshelp,

Interesting enough,

I came across this link at the federal justice site,

http://laws.justice.gc.ca/en/A-11.4/1811.html

and at canlii

http://www.canlii.org/ca/sta/a-11.4/sec2.html

Annulments in Ontario

Annulment of Marriages Act (Ontario)

R.S., 1970, c. A-14


An Act to provide in the Province of Ontario for the annulment of marriage

Short title

1. This Act may be cited as the Annulment of Marriages Act (Ontario).

R.S., 1952, c. 85, s. 1; 1967-68, c. 24, s. 26.

Part of law of England, on 15th July 1870 continued as law of Ontario

2. The law of England as to the annulment of marriage, as that law existed on the 15th day of July 1870, in so far as it can be made to apply in the Province of Ontario, and in so far as it has not been repealed, as to the Province, by any Act of the Parliament of the United Kingdom or by any Act of the Parliament of Canada or by this Act, and as altered, varied, modified or affected, as to the Province, by any such Act, is in force in the Province of Ontario.

R.S., 1952, c. 85, s. 2; 1967-68, c. 24, s. 26.

Jurisdiction

3. The Supreme Court of Ontario has jurisdiction for all purposes of this Act.

R.S., 1952, c. 85, s. 3.

I would think to get the full explanation of this statute, you would have to search the laws over in England as what ever is in force over there appears to be in force here on this issue. Makes you wonder why this law has never been revisited and or reformed by parliament and or updated to reflect with modern society in Ontario.

I find it interesting as this is one law that is directly tied to England and how our own justice system has evolved from the England justice system and structure.

I think the Supreme Court of Ontario is now called the Superior Court of Justice (ontario) or Family Court (Branch) of the Superior Court of Justice in the case of unified courts located in Ontario.
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Old 12-11-2005, 07:26 PM
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Quote:
Originally Posted by Grace
How long were your married?

This link might help:
http://www.ottawadivorce.com/annulment.htm

Hi,
It is not me who is married, it is a close friend who married a man last year.
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