Annulment vs Divorce
Divorce involves terminating a marriage, whereas an annulment declares that the marriage was never valid from the start.
Obtaining an annulment is possible, but rare, as it requires specific conditions to be met.
Grounds for annulment might include situations where:
- One or both spouses were already married
- Underage marriage
- Spouses are closely related (either by blood or adoption)
- Fraud
- Duress
- Consent was not properly given or forced
- Incapacity
- Non-consummation
- Marriage was not performed by an authorized person
- One or both parties were mistaken about a fundamental aspect of the marriage
Understanding Marriage in Legal Terms
In legal terms, a marriage is a formal union recognized by law. It brings certain rights and responsibilities under family law. These include property rights, inheritance, and spousal support.
A legally valid marriage must meet specific requirements like legal age and consent.
Marriage annulment is a legal process declaring a marriage null and void. If an annulment is granted, it means the marriage never existed in the eyes of the law. This is different from divorce which ends an existing and valid marriage.
Annulments require proof. Each case is unique, and the reasons for annulment can vary.
Frequently Asked Questions
How does the cost of annulment compare with that of divorce?
The cost can depend on whether the case is contested or not. Typically, both processes require legal representation. Annulment may sometimes be more expensive due to the need to prove specific grounds, while divorces often have more predictable fees. On the other hand, the annulment process can be simple if both parties agree to the circumstances and claims.
Can a marriage be annulled based on religious grounds in Canada?
Religious grounds alone are not sufficient for legal annulment in Canada. Legal annulments require proof of specific issues like fraud or lack of consent. Religious annulments are separate and are handled within the respective religious institution.
