What is the difference between separation, divorce, and annulment in Ontario?

These three terms describe different legal situations, and it is worth understanding each one clearly.

Separation means the spouses have decided to live separate and apart with the intention that the relationship is over. It is a factual state, not a court order, and the parties remain legally married.

Divorce is a court order under the federal Divorce Act that legally ends the marriage. After a divorce is granted and a certificate of divorce is issued, each person is legally single and free to remarry.

Annulment is a court declaration that the marriage was void or voidable from the beginning — in other words, that a valid marriage never legally existed. Grounds for annulment are narrow: they include situations where a party lacked capacity to consent (due to age or mental state), where consent was obtained through fraud, or where the parties were too closely related. Annulment is not a shortcut to divorce and is rarely granted. Religious annulments (from a church) are entirely separate from legal annulments and have no effect on civil marital status.

Most people in Ontario who want to end their marriage pursue divorce, not annulment. The one-year separation period applies to divorce; annulments have different grounds and no waiting period, but the grounds are rarely met.