In Ontario Divorce Act, there are two ways to legally end a marriage: through a divorce or an annulment. While both processes result in the dissolution of the marriage, there are significant differences between the two. Here’s some more information on the difference between a divorce and an annulment in Ontario:
Divorce
A divorce is a legal process that ends a valid marriage. In order to obtain a divorce certificate in Ontario, one or both spouses must have lived in the province for at least one year. The grounds for divorce in Ontario are either a breakdown of the marriage or adultery. A breakdown of the marriage can be established if the spouses have been separated for at least one year, if one spouse has committed physical or mental cruelty, or if the spouses have been living separately for at least three years.
Annulment
An annulment is a legal process that declares a marriage to be invalid from the beginning. In other words, an annulment means that the marriage was never legally valid in the first place. In order to obtain an annulment in Ontario, one or both spouses must demonstrate that the marriage was either void or voidable.
A void marriage is one that was never legally valid in the first place, such as a marriage between close relatives. A voidable marriage is one that was legally valid but can be declared invalid under certain circumstances, such as if one spouse was forced into the marriage or if one spouse was not mentally capable of consenting to the marriage.
Grounds for Divorce vs. Grounds for Annulment
As mentioned above, the grounds for divorce in Ontario are either a breakdown of the marriage or adultery. The grounds for annulment, on the other hand, are different and depend on the specific circumstances of the marriage. Some common grounds for annulment in Ontario include:
- One spouse was already married at the time of the marriage
- One spouse was under the age of 18 and did not have parental consent
- One spouse was forced into the marriage
- One spouse was not mentally capable of consenting to the marriage
- The marriage was entered into fraudulently
Effects on Property Division
One significant difference between a divorce and an annulment in Ontario is the effect on property division. In a divorce, property division is determined based on the rules set out in the Family Law Act, which takes into account a variety of factors such as the length of the marriage, the financial situation of each spouse, and the contribution of each spouse to the marriage.
In an annulment, on the other hand, property division is determined based on the principles of unjust enrichment and resulting trust. This means that each spouse is entitled to the property that they brought into the marriage, and any property that was acquired during the marriage is divided based on who contributed to it.
Status of Children
Another difference between a divorce and an annulment in Ontario is the status of any children born during the marriage. In a divorce, any children born during the marriage are considered to be legitimate and have the same rights and obligations as any other children. In an annulment, however, the status of any children born during the marriage may be affected if the court determines that the marriage was never legally valid in the first place.
In conclusion, while both divorce and annulment result in the end of a marriage, there are significant differences between the two processes in Ontario. Divorce is the process for ending a valid marriage, while annulment is the process for declaring a marriage to be invalid from the beginning. The grounds for divorce and annulment are different, and property division, child support, child custody (decision-making responsibility) and the status of any children may also be affected. If you are considering a divorce or an annulment in Ontario, it is important to work with TCZ Lawyer Eric Zhao to make your process easy and simple.
