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.