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!
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 legal divorce in Ontario, one must file a petition in court and prove that the marriage has broken down irreparably.
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:
Once a divorce is granted, the marriage is officially over, and both parties are free to remarry.
A marriage 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.
Your marriage can be annulled if it meets one of the following grounds:
The cases of annulments are rare compared to divorces. This is because the legal criteria are strict and must be proven with strong evidence.
| Factor | Divorce | Annulment |
| Legal Status | Ends a legally valid marriage | Declares the marriage invalid |
| Grounds | Separation, adultery, cruelty | Non-consummation, bigamy, fraud, lack of consent |
| Time Requirement | Must live apart for 1 year (except for adultery/cruelty) | No waiting period; can be filed anytime |
| Legal Process | Court proceedings required | Must prove legal invalidity |
| Financial Matters | Property division, spousal support | No automatic financial obligations |
| Effect on Children | Custody and child support applies | Child support applies but may require legal clarification |
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.
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!
Divorce vs Annulment, here is the process-
Steps to Get a Divorce in Ontario
Steps to Get an Annulment in Ontario
If you are deciding between divorce and annulment, consider these factors:
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.
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, divorce filing 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!
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