Annulments

"What is an annulment?"
An annulment is a declaration that an apparently valid marriage is void.

"Is this the same as a religious annulment?"
No. Religious annulments are generally not recognised by the government or courts.

"What are the grounds for an annulment?"
There are many reasons, including:

  • one spouse was already married when the marriage occurred;
  • marriage due to threats or duress;
  • a marriage by someone who was mentally incapable of understanding what marriage is;
  • marriage by people who are too closely related;
  • marriage that can’t be consumated;
  • marriage by people who were too young at the time of the marriage; and
  • marriage entered into by mistake as to the nature of the marriage ceremony.

"I entered into a marriage for immigration reasons – can I get into an annulment?"
Generally no, unless you would meet one of the normal grounds for an annulment.

"My partner does not want to have sexual relations with me – can I get an annulment?"
Generally, no. You could get an annulment because your spouse can’t have sexual relations with you, not because your spouse won’t have sexual relations with you.

"What are my rights if I get an annulment?"
In Ontario, probably the same as if you were separating.

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