Annulment
Annulment lawyer in Surrey, BC
An annulment is a court declaration that a marriage was never legally valid, or that it was voidable and is now set aside. It is different from a divorce, which ends a marriage that was valid. The grounds are narrow, and the length of the marriage is not one of them.
We advise on whether the facts of your marriage fit the grounds for nullity, and where they do not, we set out the divorce route instead. That conversation is usually short and it saves people from paying for an application that cannot succeed.
The short version
Most people asking about annulment are better served by a divorce. Annulment is not a faster or cheaper option for a short marriage. It is a narrow remedy for marriages that were legally defective from the start.
What is the difference from a divorce?
A divorce ends a marriage that was legally valid. An annulment declares that the marriage was void from the beginning, or voids a marriage that was capable of being set aside.
A void marriage was never valid: for example where one person was already married, or the parties are within prohibited degrees of relationship. A voidable marriage was valid until a court set it aside, for example for lack of capacity to consummate.
When does a marriage qualify?
The recognised grounds include a prior existing marriage, a party being under the legal age without the required consent, a close blood relationship, a party lacking the mental capacity to understand the nature of the ceremony, duress or fraud going to the nature of the ceremony itself, and permanent inability to consummate the marriage.
The bar is deliberately high. Being deceived about someone's finances, character, immigration intentions or wish to have children is not, on its own, a ground for nullity, however serious it feels.
Does a short marriage qualify?
No. There is no such thing in Canadian law as an annulment because the marriage was brief. A marriage that lasted a week is as valid as one that lasted a decade, and it is ended by divorce.
The practical route for a short marriage is a divorce after one year of separation. Where there are no children and no jointly held property, that application is straightforward and inexpensive.
Does a religious annulment count legally?
No. A religious annulment granted by a church, gurdwara, temple or mosque has effect within that faith community. It does not change your legal marital status in British Columbia.
If you have obtained a religious annulment, you are still legally married until a court grants a civil annulment or a divorce. Many people obtain both, for different reasons.
What if annulment does not apply to me?
Then the answer is a divorce, and none of the work is wasted. The claims that matter most, being property, support and parenting, are decided the same way whether a marriage is annulled or dissolved.
A short marriage with no children and separate finances is usually the simplest file in family law. We will tell you plainly which route applies rather than filing an application that will not succeed.
“She is extremely knowledgeable, and an experienced family law lawyer. I would highly recommend her to those who are looking for an experienced family law lawyer to deal with all family law matters.”
How we can help
- 01 An assessment of whether the facts of your marriage meet the grounds for nullity
- 02 Annulment applications where the grounds are established
- 03 Divorce applications where annulment does not apply
- 04 Property and support claims arising from a short marriage
- 05 Advice where a religious annulment has been granted and legal status is unresolved
- 06 Service in English, Punjabi and Hindi throughout
The path a matter takes
Every file is different, but the shape is usually the same. Timings are typical, not promised.
01
First conversation
What has happened, what you want, and what the law actually allows.
Week one
02
Disclosure
Income, property and debt on the table for both sides. Nothing moves without it.
Weeks 2-8
03
Negotiation or mediation
Most matters resolve here, in writing, without a courtroom.
Months 2-6
04
Agreement or order
Terms signed, or filed with the court so they can be enforced.
On resolution
Frequently asked questions
What is the difference between an annulment and a divorce?
A divorce ends a valid marriage. An annulment declares that the marriage was never legally valid, or sets aside a marriage that was voidable. They lead to the same place on property and support.
When does a marriage qualify for annulment?
Narrow grounds only: a prior existing marriage, lack of legal capacity or age, a prohibited relationship, duress or fraud as to the nature of the ceremony, or permanent inability to consummate.
Does a short marriage qualify for an annulment?
No. Length of marriage is not a ground in Canada. A short marriage is ended by divorce, which after one year of separation is usually a simple application where there are no children or shared property.
Does a religious annulment count legally?
No. A religious annulment has effect within that faith community only. You remain legally married in British Columbia until a court grants a civil annulment or a divorce.
Is an annulment faster or cheaper than a divorce?
Generally not. An annulment requires proof of a specific ground and is often contested, while an uncontested divorce is largely a paperwork exercise.
Can I claim property or support if the marriage is annulled?
Yes. A person whose marriage is annulled is still a spouse for the purposes of the Family Law Act, so property division and spousal support claims can be made. Note the two year limitation period running from the order of nullity.
What if I was deceived about something important?
Fraud is a ground only where it goes to the nature of the ceremony itself. Deception about finances, character or intentions, however serious, is generally addressed through divorce and the related financial claims.
This page is general information about family law in British Columbia. It is not legal advice for your situation, and the law changes. Speak with a lawyer about the facts of your own matter.
