Divorce or Annulment in Ontario? Key Legal Difference Explained

Marriages are commitments that are supposed to last forever, but sometimes, things do not turn out as you plan, and that’s completely fine. In Ontario, when a relationship reaches its breaking point, couples have two legal options to choose between – divorce or annulment. How do you know which one to choose? 

To make it simpler for you to understand here is the major difference between these two– a divorce is like returning a product you used but no longer want, while an annulment is like saying the product was faulty and shouldn’t have been sold in the first place.

Now, let’s delve deeper to know the key differences and help you figure out the best way forward!

What Is a Divorce?  

Divorce can be explained as a legal process for putting an end to a valid marriage. This means that the couple, who has now decided to part ways due to a breakdown of the relationship, was legally married under provincial and federal laws.

To obtain a divorce in Ontario, one must file a petition in court and prove that the marriage has broken down irreparably.  

Legal Grounds for Divorce in Ontario  

You are eligible to get a divorce if you prove that your marriage has finally broken down. To make this possible, you have to show that one of the following grounds applies to you:

• Living separately for at least one year – This one is among one of the most common reasons. Spouses must live apart for at least 12 months before they can finalize their divorce. 
• Adultery – If one spouse has been unfaithful, the other can file for divorce based on this ground. However, proving adultery requires evidence, such as witness testimonies or messages.  
• Cruelty or Abuse – If one spouse has been physically or emotionally abusive, the other can apply for an immediate divorce without waiting for a year.

Once a divorce is granted, the marriage is officially over, and both parties are free to remarry.  

What is an Annulment?  

An annulment is different from a divorce because it does not just end a marriage—it declares that the marriage was never legally valid in the first place. Unlike divorce, an annulment essentially erases the marriage as if it never happened.  

Annulments are much harder to obtain than divorces because they require specific legal grounds to prove that the marriage was invalid from the beginning.  

Legal Grounds for Annulment in Ontario  

Your marriage can be annulled if it meets one of the following grounds:

• Non-consummation – If the couple was never involved in a physical relationship, an annulment may be granted. This could be due to medical reasons or physical incapacity.
• Bigamy – Bigmay is when one of the partners is already legally married to some other person at the time of marriage. This clearly defines a second marriage as invalid.
• Close blood relation – One cannot choose to get married to a close relative, be it by blood or adoption. This practice is prohibited and can be straight away annulled. 
• Underage marriage without parental consent – Talking about Ontario, a person must be at least 16 years old to marry and must have parental consent. 
• Lack of consent – If one spouse was forced into marriage, deceived, intoxicated, or mentally incapable of giving proper consent, the marriage can be annulled.  

The cases of annulments are rare compared to divorces. This is because the legal criteria are strict and must be proven with strong evidence.  

Divorce Vs Annulment – Simplified!

Is the Annulment Process Typically Tough To Navigate?

Yes! Obtaining an annulment is not easy, especially in Ontario. Annulments are relatively rare because they necessitate meeting specific legal criteria that must be strictly followed for a marriage to be declared null and void. 

Due to these stringent requirements, most couples opt for divorce as the more straightforward method of ending their marriage. Consequently, annulments are not commonly pursued, making divorce the preferred choice for many spouses seeking to terminate their marital relationship.

When is the Right Time to File For An Annulment?

Unlike divorce, there’s no strict deadline for filing an annulment—it can be pursued at any time. However, annulments are typically used for extremely short-lived marriages. 

If you believe your marriage might qualify for an annulment, it’s best to take action sooner rather than later. The longer you wait, the more complicated the legal process might become. Want to know if your situation qualifies? Consulting a legal expert can help you understand your options and the best steps to take!

The Legal Process: Divorce vs Annulment  

Divorce vs Annulment, here is the process- 

Steps to Get a Divorce in Ontario  

• File a divorce application – Either spouse can file in the Ontario Superior Court of Justice.  
• Provide legal grounds – State the reason for the divorce (separation, adultery, or cruelty).  
• Resolve issues like child custody and asset division – A family lawyer can assist in negotiations.  
• Court approval – A judge will review the application and issue a divorce order.  
• Receive the divorce certificate – The divorce becomes final 31 days after the court grants it.  

Steps to Get an Annulment in Ontario  

• Prove legal grounds – Gather evidence to show why the marriage was invalid.  
• File an annulment application – Submit documents to the court.  
• Court review and hearing – The judge may request further evidence.  
• Annulment granted – If approved, the marriage is officially void.

Which Option Is Right for You?

If you are deciding between divorce and annulment, consider these factors:  

• If you have had a valid marriage but want to end it, divorce is the best option.  
• If your marriage was never legally valid, you may qualify for an annulment.  
• If you have financial assets or children, divorce provides a clearer legal framework for support and custody arrangements.

For complex cases, consulting a family lawyer from Rutman & Rutman Professional Corporation can help you understand your legal rights and determine the best approach for your situation.  

The Final Verdict

In this position, it’s crucial for you to decide between divorce vs annulment. So, consider all the unique situations that will help you to come to a conclusion. If you are in a valid marriage but things are no longer working in your favour, filing for divorce is the best decision. However, if there are reasons your marriage was never legally valid, an annulment may be the way to go. 

But, if you are in a dilemma of which one to choose, you can reach out to Rutman & Rutman Professional Corporation. We will offer you expert legal guidance tailored to your circumstances. After all, we’re here to help you through the process and find the best solution!