Unfortunately, not all marriages have a happy ending. In fact, not all marriages last long enough to even be called marriages. In Ontario, a couple can receive an annulment, which basically means that according to Canadian law, the two people were never legally married. This differs from a divorce, which means the two people are no longer married. Annulments can be granted if certain conditions apply.
Make sure you have legal grounds to request an annulment in Ontario. The reason for annulment must relate to a "legal defect in the marriage ceremony, or capacity issues dealing with one of the spouses," according to J.N. Mukongolo & Associates - Ontario Family Lawyers.
Understand what is meant by "capacity issues." A capacity issue is when at least one of the spouses in the marriage was not legally able to make the decision to get married or was untruthful upon entering the marriage. Some examples include: at least one of the spouses was intoxicated when being married, at least one of the spouses was forced to get married, at least one of the spouses was under the age of 18 and did not have parental permission, or at least one of the spouses is mentally impaired. If one spouse is already married, then the second marriage can be annulled.
Read More: What is the Meaning of an Annulled Marriage?
Understand that non-consummation, or lack of sexual intercourse, is a common reason to annul a marriage. In this case, you can most likely have your marriage annulled in Ontario. However, if you knew upon entering the marriage that consummation wasn't possible, such as in a case where there is a physical or mental disorder, then an annulment won't be granted. One sexual act can eliminate this option.
Fill out an application for annulment and submit it to the Ontario courts. You may want to hire a lawyer to help you fill out an application. A court appearance before a judge is necessary to get a marriage annulled in Ontario. If you hire a lawyer, have him with you in court.
- Understand that only a small percentage of annulments are granted in Ontario.
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