What is an Annulment?
An annulment is a court order that states that your marriage was never valid. Annulments in Ontario are governed by the Annulment of Marriages Act (the AMA). In order to get an annulment, you must apply to the court and show that there was a defect in either the formal or essential validity of the marriage.
Formal Validity of the Marriage
The formal validity of the marriage is under provincial jurisdiction and refers to a defect in the marriage ceremony. Individuals wanting to marry must refer to and comply with the provincial rules regarding formalities of ceremony. Examples of defects that can invalidate a marriage are:
- Defective publication of banns.
- An irregularity in issuing the license.
- The person who solemnized the marriage is not authorized to do so.
For more information on the issue of the formal validity of a marriage in the context of an annulment, see our blog on the case of Matthews v. Mutiso here.
Essential Validity of the Marriage
The essential validity of the marriage is under federal jurisdiction and refers to an issue related to the capacity of one of the spouses. The defect complained of may take the following forms:
- Inability to consummate the marriage: this renders the marriage voidable because unless and until one of the parties applies for an annulment, there is a valid and subsisting marriage.
- Within the prohibited degrees of consanguinity or affinity: if two people are related lineally, or as brother and sister or half-siblings, including adoption, then they cannot marry each other.
- See S.2 and S.4 of the Marriages (Prohibited Degrees) Act, R.S.C. 1990, c. 46
- Prior existing marriage.
- Age.
- Lack of consent due to mental incapacity, duress, limited purpose marriage, fraud, or mistake.
What is the difference between a divorce and an annulment?
The result of a divorce and an annulment is essentially the same – the parties are free to remarry or enter a domestic partnership with a new partner. However, while a divorce terminates a legally valid marriage, an annulment treats the marriages as if it never existed. If you are unable to prove a defect in either the formal or essential validity of a marriage, you will have to proceed by obtaining a divorce. Clients who were married for a short period of time often ask if they can get an annulment instead of a divorce because they were only married for a brief period; for more information on short-term marriages, see our video on short-term marriages here.
Meet Our Dedicated Team of Lawyers
Over a Century of Collective Experience
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Andrew Feldstein FounderRead BioAndrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
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Daphna Schwartz LawyerRead Bio
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
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Anna Troitschanski LawyerRead Bio
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
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Nick Slinko LawyerRead Bio
Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term with the Feldstein Family Law Group, P.C. He became an associate with the firm immediately thereafter.
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Veronica Yeung LawyerRead Bio
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
Veronica attended York University for her undergraduate studies and graduated as a member of the Dean’s Honour Roll when she obtained her Bachelor’s degree in Honours Criminology.
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Shana Gordon-Katz LawyerRead Bio
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.
Shana attended the University of Western Ontario for her undergraduate studies, where she graduated as the gold medalist of her program, Honors Specialization in Classical Studies.
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Rachel Zweig LawyerRead Bio
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Rachel obtained her Bachelor’s Degree at Ryerson University with a major in English Literature.
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Lauren Harvey Associate LawyerRead Bio
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Western Ontario, Lauren obtained her Honour’s Bachelor of Arts Degree at Wilfrid Laurier University majoring in Criminology and minoring in Law and Society.
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Quinn Held Associate LawyerRead Bio
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
Prior to obtaining her Juris Doctor from the University of Windsor, Quinn obtained her Honour’s Bachelor of Arts Degree at the University of Guelph majoring in Criminal Justice and Public Policy and minoring in International Development.
