While the vast majority of marriages in Canada end by the court granting a divorce, in rare cases it is possible to get an annulment. Divorce and annulment have the same result: dissolution of the marriage.
Although both divorce and annulment both end a marriage, both have different legal results. A divorce is considered “prospective” in that it affects the parties’ status in the future. A couple who obtains a divorce is no longer legally married to each other, but the law still recognizes that the parties were married at some point in the past.
A couple who divorces may need to divide up their assets and deal with any spousal support obligations should they arise. An annulment is different in that it is “retroactive”. It applies to the couple’s status in the past and makes the couple’s marriage “void”. In this way, the law would treat the couple as if they had never married to begin with.
A marriage may be annulled if one party has been unable to consummate the marriage, whether one party was incapable of consenting to be married or where one party was legally unable to marry (ie, had not been divorced from a prior spouse before entering into the next marriage).
The court will not grant an annulment unless there is sufficient evidence. If you are seeking an annulment for a failure to consummate, the onus is on the party seeking the annulment to establish that one or both of the parties is incapable of engaging in sexual intercourse due to a physical or psychological incapacity. This is usually done by affidavit or sworn testimony.
Although annulments are uncommon Apna Law’s Vancouver and Burnaby family lawyers can give you sound legal advice on whether this option is available you and prepare the necessary documents.