Marriage Annulment in Ontario: What You Need to Know

Barry Nussbaum
Published on: July 5, 2023
Updated on: 03/25/2025

What is Marriage Annulment?

Marriage annulment is a legal process that declares a marriage null and void, as if it never happened. In Ontario, annulment is granted under specific grounds, and it is only given for a few very specific reasons. If you are considering an annulment, it is important to understand the formal and essential validity of your marriage.

What is Marriage Annulment?

Formal Validity of the Marriage

The formal validity of a marriage refers to the legal requirements that must be met for a marriage to be considered valid. In Ontario, these requirements include:

Both parties must be at least 18 years old

Both parties must not be closely related

Both parties must have the capacity to marry (i.e., not be under the influence of drugs or alcohol, not be mentally incompetent, etc.)

The marriage must be performed by an authorized person (i.e., a judge, justice of the peace, or religious official)

If any of these requirements were not met at the time of the marriage, the marriage may be considered invalid.

Essential Validity of the Marriage

The essential validity of a marriage refers to the validity of the marriage itself, regardless of whether the legal requirements were met. In Ontario, a marriage may be considered invalid if:

One or both parties were already married at the time of the marriage

One or both parties were under duress or coercion at the time of the marriage

One or both parties lacked the capacity to consent to the marriage (i.e., due to a mental disorder, intoxication, etc.)

One or both parties were mistaken about a fundamental aspect of the marriage (i.e., the identity of the other party, the nature of the relationship, etc.)

If any of these grounds apply to your marriage, you may be eligible for an annulment.

Remember, annulment is a complex legal process, and it is important to seek the advice of a qualified family lawyer before proceeding.

Difference Between Annulment and Divorce

If you are considering ending your marriage, you may be wondering about the difference between annulment and divorce. In Ontario, these are two distinct legal processes that have different requirements and outcomes.

It is important to note that if you are considering annulment or divorce, it is important to consult with an attorney to discuss your specific situation.

1. Grounds for Annulment and Divorce

One of the main differences between annulment and divorce is the grounds on which they can be granted. A divorce is granted when a valid marriage has broken down irretrievably, which means there is no reasonable prospect of reconciliation. On the other hand, an annulment is granted when a marriage was never legally valid in the first place.

There are several grounds for annulment in Ontario, including:

One or both parties were under the age of 16 at the time of the marriage

One or both parties were already married or in a common-law relationship

One or both parties were forced or coerced into the marriage

One or both parties lacked the capacity to consent to the marriage due to mental incapacity or intoxication

The marriage was not consummated

2. Effects on Property and Children

Another difference between annulment and divorce is the effect they have on property division and child custody. In a divorce, the court will divide the property and assets of the spouses, and may order spousal support and child support. The court will also make decisions about child custody, access, and parenting arrangements based on the best interests of the child.

In an annulment, the court will not divide property or assets unless there is a specific agreement between the parties. However, the court may still make orders for child custody, access, and support if there are children of the marriage.

3. Time Limits

There is also a difference in the time limits for seeking an annulment or divorce. In Ontario, there is no time limit for seeking a divorce.

Overall, the decision to seek an annulment or divorce will depend on the specific circumstances of your marriage. It is important to consult with a family law lawyer to understand your legal options and make informed decisions.

Characteristic	Annulment	Divorce
Legal status of marriage	Marriage is declared void	Marriage is legally dissolved
Grounds for annulment	Grounds that existed at the time of the marriage	Grounds that arose after the marriage
Process	Typically shorter and less expensive	Typically longer and more expensive
Financial and legal implications	Less significant	More significant

Legal Grounds for Annulment in Ontario

If you are seeking an annulment in Ontario, you must have legal grounds to do so. Here are the five legal grounds for annulment in Ontario:

Non-consummation

If you and your spouse have not had sexual intercourse since your marriage, you may be eligible for an annulment on the grounds of non-consummation. However, if you have had sexual intercourse even once, this ground for annulment will not apply.

Mental Incapacity

If one or both of the spouses were mentally incapacitated at the time of the marriage, you may be eligible for an annulment. Mental incapacity can include mental illness, developmental disabilities, or being under the influence of drugs or alcohol.

Fraud

If one spouse has lied about something essential to the marriage, such as their identity, their financial situation, or their ability to have children, the other spouse may be eligible for an annulment on the grounds of fraud.

Underage Marriage

If one or both spouses were under the age of 18 at the time of the marriage, you may be eligible for an annulment. However, if both spouses were 16 or 17 and had the consent of their parents or guardians, the marriage may be valid.

If the spouses are closely related either by blood or adoption

If the spouses are closely related, either by blood or adoption, the marriage may be eligible for annulment. This includes marriages between siblings, half-siblings, and first cousins.

It is important to note that there are strict time limits for filing for an annulment in Ontario, and that the process can be complex. It is recommended that you seek legal advice if you are considering an annulment.

How to Get an Annulment in Ontario

If you want to get an annulment in Ontario, there are a few steps you need to follow. Here’s what you need to know:

Determine if you are eligible for an annulment: Not everyone is eligible for an annulment. It is only granted for very specific reasons, such as if one of the spouses lacked the capacity to consent to the marriage, if one of the spouses was already married, or if the marriage was entered into under duress or fraud. You can find a list of the reasons for annulment on the Steps to Justice website.

File an application with the court: If you are eligible for an annulment, you will need to file an application with the court. You can find more information on how to do this on the Steps to Justice website. It’s important to note that there are strict time limits for filing an annulment application. For example, if you are seeking an annulment based on lack of capacity, you must file the application within three years of the date of the marriage.

Attend court: Once you have filed your application, you will need to attend court. The court will consider your application and make a decision on whether or not to grant the annulment. You may need to provide evidence to support your application, such as medical reports or witness statements.

Get a religious annulment (optional): If you had a religious ceremony, you may also want to get a religious annulment. This is a separate process from the legal annulment and is handled by your religious organization. You will need to contact your religious organization to find out what the process is for getting a religious annulment.

Overall, getting an annulment in Ontario can be a complex process, and it’s important to seek legal advice if you are considering it.

Effects of Annulment

If you receive an annulment, it means that your marriage is considered to have never existed. The annulment process is different from a divorce, which is the legal termination of a valid marriage. Here are some effects of annulment:

Division of Property: If you were in a marriage that is annulled, property division will be determined differently than if you were getting a divorce. In an annulment, the property is divided as if the marriage never existed. This means that each spouse gets to keep what they brought into the marriage, and any property acquired during the marriage is divided based on who paid for it.

Spousal Support: In some cases, an annulment may affect spousal support. If the marriage is annulled, then there is no legal obligation to pay spousal support because the marriage is considered to have never existed.

Child Support and Custody: If you have children and your marriage is annulled, you must still determine child support and custody arrangements. The court will decide what is in the best interest of the child and make arrangements accordingly.

Legal Status: After an annulment, you are no longer legally married. This means that you can remarry, and your marital status is considered to be single.

It is important to note that an annulment does not erase the fact that you were in a relationship with someone. If you have children together, you will still need to co-parent and communicate with your ex-spouse. Additionally, an annulment does not necessarily mean that the marriage was invalid. It simply means that there were circumstances that made the marriage legally invalid.

How Nussbaum Law can help you with your marriage annulment?

If you are considering an annulment for your marriage in Ontario, it is important to seek the assistance of a family lawyer. A family lawyer can provide you with the legal guidance and representation you need to ensure that your annulment process goes smoothly.

Here are some ways in which family lawyers can help you with your marriage annulment:

Legal expertise and guidance

Family lawyers have the legal expertise and knowledge required to guide you through the annulment process. They can explain the legal requirements for an annulment and help you understand your rights and obligations. They can also provide you with advice on how to proceed with your case, including the best legal strategy to achieve your desired outcome.

Representation in court

If your annulment case goes to court, a family lawyer can represent you and advocate on your behalf. They can prepare and file all necessary legal documents, present your case to the court, and negotiate with the other party or their lawyer. Having a lawyer represent you in court can help ensure that your rights are protected and that your case is presented in the best possible light.

Mediation and negotiation

In some cases, an annulment can be resolved through mediation or negotiation. A family lawyer can help you negotiate with the other party or their lawyer to reach a mutually acceptable agreement. This can help you avoid the time, expense, and stress of going to court.

Protection of your interests

A family lawyer can help protect your interests throughout the annulment process. They can ensure that your rights are protected, that your interests are represented, and that your case is presented in the best possible light. They can also help you understand the potential consequences of an annulment, such as property division, spousal support, and child custody.

Overall, seeking the assistance of a family lawyer can help ensure that your marriage annulment in Ontario is handled properly and effectively. They can provide you with the legal guidance and representation you need to achieve the best possible outcome for your case.

Frequently Asked Questions

How long can you be married and still get an annulment in Ontario?

There is no time limit for getting an annulment in Ontario. You can apply for an annulment at any time after your marriage ceremony. However, it is important to note that the longer you wait, the more difficult it may be to prove that your marriage is invalid.

What is the time frame for getting an annulment in Canada?

The time frame for getting an annulment in Canada can vary depending on the complexity of your case and the court’s schedule. Generally, it can take several months to a year or more to complete the annulment process.

What are the grounds for annulment in Ontario?

To get an annulment in Ontario, you must prove that your marriage is invalid. The grounds for annulment include:

One or both parties were under the age of consent at the time of the marriage

One or both parties were already married or in a common-law relationship at the time of the marriage

The marriage was not consensual

One or both parties lacked mental capacity to consent to the marriage

The marriage was not properly solemnized

There was fraud, misrepresentation, or duress involved in obtaining the marriage

How much does an annulment cost in Canada?

The cost of an annulment in Canada varies depending on the complexity of your case and the court’s fees. You may also need to pay for legal representation if you choose to hire a lawyer. It is best to consult with a lawyer to get an estimate of the cost of your annulment.

Why would a Catholic annulment be denied?

A Catholic annulment may be denied for several reasons, including:

Lack of evidence to prove that the marriage was invalid

Failure to meet the requirements for a Catholic annulment

Lack of cooperation from one or both parties in the annulment process

The decision of the tribunal that reviews the annulment case

It is important to note that a Catholic annulment is not the same as a legal annulment. A Catholic annulment only affects the religious aspects of the marriage and does not have any legal effect.