Annulment of Marriage

Sidhu Lawyers is a leading family law firm in Surrey, British Columbia. Talking to our clients, we realize there is a lot of confusion on the family law in Canada – divorce proceedings, the division of property, child custody, alimony and child support and other critical issues. These FAQs on Annulment of Marriage in Canada should clear some of the doubts you have in your mind.  Let’s begin.

How to terminate a marriage in Canada?

There are three ways to terminate a marriage in Canada: Separation, Divorce and Annulment. A divorce can be an at-fault divorce or a no-fault divorce.

What is “annulment of marriage”?

Annulment if marriage means legally the marriage never existed and is not legally binding because of reasons such as physical incapacity or impotence, unsound mind, incest, bigamy, fraud or for being below the age of consent.

What could be the reason for the Annulment?

An annulment can be granted by the court if it is found that the parties lack a sufficient understanding or awareness of what a marriage is all about or have entered into the union with malicious intentions. If the marriage if found to be fraudulent, and if either of the parties suffer from lack of capacity, the annulment is granted immediately. Following the annulment, both parties can remarry.

What is “lack of capacity” in the annulment of marriage?

Lack of capacity can refer to the following….

• One (or both) of the spouses is underage
• Insanity
• Mental incapacity or unsound mind
• Agreeing to the marriage under the influence of alcohol or drugs
• Not being able to consummate the marriage
• Incestuous relationship between the couple
• Bigamy

 What is “fraud” in the annulment of marriage?

Fraud can refer to the following…

• Bigamy – one of the spouses is already married to another person
• One of the spouses never really intended to get married
• One of the spouses was tricked or into the union
• One of the spouses was forced to enter into the marriage with threats, blackmail or duress
• The marriage is a sham and is nothing more than an effort to gain citizenship status
• The wife gets pregnant with another man’s child and falsely claims that it was her husband’s
• One of the spouses does not disclose their addiction to alcohol, drugs, gambling or other serious problems

What is the time limitation for an annulment?

That depends on the state. In British Columbia there is no time limitation as such for annulment, but the court will certainly consider how long the applicant waits before starting the annulment proceedings. If they take too long, longer than 60 days, for example, this can be held against them.

How to get a marriage annulled in British Columbia?

If you’re from Surrey, BC or from the Lower Mainland BC area, you should apply to the British Columbia Supreme Court with a valid reason to get your marriage annulled. This is not an easy process and can be expensive as it requires a court appearance. If there is a child custody issue involved as well, that makes it all the more complicated.

Contact the legal team at Sidhu Lawyers, one of the leading law firms in Surrey, BC to arrange a consultation.