Toronto Family Lawyers and Toronto Divorce Lawyers

 

 

Specializing in Divorce and Separation in Ontario, Canada

 

FAQs - Annulment of Marriage in Ontario

Q - How long do I have to commence an application for annulment?

A - Generally speaking, there is no limitation, but annulments usually end marriages of short duration.


Q - If we consummated the relationship but have not had sexual relations for an extended period of time, can I seek an annulment on the grounds of non-consummation?

A - No. A single act of consummation eliminates this ground for annulment.


Q - If I married someone for immigration purposes and they did not come to Canada as expected, can I get an annulment?

A - No, your motive for marrying is not grounds for annulment.


Q - If I want to get an annulment, can I claim that I was unable to consummate the marriage?

A - No, the application for annulment must be brought by the party who is not responsible for non-consummation.


Q - Is the fact of non-consummation sufficient grounds for annulment?

A - No. Refusal or failure to consummate will not provide sufficient grounds for annulment; however, these facts may serve as evidence from which an inference of incapacity can reasonably be drawn.


Q - Does non-consummation have to arise from a physical disability?

A - No. Impotence may arise from a physical disorder or a mental condition that creates in the mind of a spouse an aversion, an invincible repugnance to the physical act of consummation, resulting in a paralysis of the will. In either case, the impediment to consummation must be such as to render complete intercourse impracticable.


Q - If my marriage is annulled, do the rules regarding division of property and support apply?

A - There may still be obligations for support and division of property under the Family Law Act where a marriage has been annulled.


Q - What if I was intoxicated during the marriage ceremony but did not seek an annulment of some time thereafter?

A - You may still be able to obtain an annulment by reason of your inability to consent to the marriage.


Q - Is an annulment granted by the court the same as a religious annulment?

A - No. Religious annulments may be recognized by the church but not in law. Similarly, legal annulment may not affect the status of the marriage in the eyes of the church.


Please visit our Annulment of Marriage section for further information or contact us.