Understanding the Differences

A divorce is the legal termination of a valid marriage by the Family Court, acknowledging that while the marriage existed, it is now legally ended. An annulment, however, is a declaration by the Civil Court that a marriage was never valid to begin with, essentially stating the marriage never existed.

Why Choose Divorce Over Annulment?

Opting for an annulment may appear to offer a clean slate, but it typically does not provide any advantages over divorce, especially for those seeking to enforce rights such as spousal support or child custody. Here’s why divorce is generally the preferred approach:

• Legal Clarity: Divorce proceedings provide a clear pathway for negotiating terms like asset division, child custody, and support.
• Availability: Annulments are exceedingly rare and granted only under specific conditions, such as:
  • Existing marriage at the time of wedding
  • Marrying under duress or life-threatening circumstances
  • Lack of mental capacity due to intoxication or mental illness
  • Mistaken identity of the spouse at the time of marriage
  • Marriage under the age of 18 without legal consent
  • Inability of one spouse to consummate the marriage

Religious Annulment

A religious annulment does not legally dissolve a marriage according to Canadian law. It is granted by a religious institution and merely indicates that, under religious laws, the marriage did not exist. Legal dissolution must be pursued through civil annulment or divorce.

Marriage of Convenience

Marriages entered into solely for immigration benefits are legally valid. If such a marriage needs to be dissolved, divorce, not annulment, is the correct legal procedure.

Costs: Divorce vs. Annulment

Legal costs for an annulment are typically higher and the process more complex than those for an uncontested divorce, which follows a streamlined and cost-effective procedure.

Short-Term Marriage and Divorce

The length of the marriage does not typically impact the ability to file for divorce. A marriage can be dissolved regardless of its duration, with a simple affidavit stating the continuation of the marriage was a significant error.

Consultation

If you are considering an annulment, it is crucial to consult with a lawyer to understand your legal options based on your specific circumstances.