Obtaining an annulment of your marriage means a judge has declared that your marriage was not valid from the start. It is extremely rare. Most marriages in Ontario end in a divorce.
You may be able to obtain an annulment if you did not have the capacity to marry such as being married already to someone else, being so intoxicated you did not know what you were doing, being a minor, being forced into marriage by reason of fraud or duress, or lacking the mental capacity.
The more common reason for an annulment is if the marriage was not consummated. That means that you did not have sexual intercourse together after marriage. For example, if your new “spouse” is unable to have sexual intercourse and you did not know of their incapacity before marriage, you can seek an order that the marriage be annulled.
Marriages of convenience such as those entered into for immigration purposes will not be annulled simply because of the motive. You need to prove a lack of capacity to enter into the marriage or the fact that it was not consummated.
Although you may not be able to obtain an annulment through the court system in Ontario, you may be eligible for a religious annulment. You will need to consult with your religious leader regarding a religious annulment. Even if you obtain a religious annulment, it does not mean you will necessarily receive a civil one. You may have to obtain a divorce through the court system.
If you have circumstances where you think you might be able to obtain an annulment, start the process by contacting our office and having a consultation with one of our lawyers. We can help you determine whether an annulment is possible or if you have to use the more traditional process of obtaining a divorce.