How to Get a Marriage Annulment in Ontario Court

You may be asking about annulment because your marriage feels like it should never have counted: perhaps one person was already married, someone was too young, or agreement to marry was not truly given. People often assume annulment is a quicker or simpler version of divorce. Whether that is true for you depends on your facts, so it is worth confirming with a lawyer.

This article explains where annulment law comes from, what the court is generally asked to decide, and how family filings and court fees generally work in the Superior Court. It also points out where the answer depends on your facts, so you know what to ask a lawyer.

Annulment and divorce are different things

A divorce ends a marriage that was valid. Under the Divorce Act, a court can grant a divorce when the marriage has broken down, which is shown by spouses living separate and apart for at least one year, or by adultery or physical or mental cruelty that makes living together intolerable. Those grounds are not the test for an annulment.

The Supreme Court of Canada has said that a validly solemnized marriage may, under English law, be void or voidable on grounds other than those that give a right to divorce. In plain words, a marriage can have a legal defect that has nothing to do with whether the relationship worked out.

Where Ontario annulment law comes from

The federal Annulment of Marriages Act (Ontario) applies the English law of annulment as it stood on 15 July 1870, so far as it can be applied, and gives jurisdiction to what was then the Supreme Court of Ontario. That court is now the Superior Court of Justice, and the Courts of Justice Act also confirms its jurisdiction.

The Civil Marriage Act sets out basic requirements for a marriage. They are:

• Free and enlightened consent of two persons to be the spouse of each other.
• No person under 16 may marry.
• No person may contract a new marriage until every previous marriage has been dissolved.

These rules are the basis for treating underage and bigamous marriages as invalid. Whether a particular problem makes a marriage void, voidable or still valid is a legal question that depends on the facts, and a lawyer can assess it.

What a court is generally asked to decide

Whether any of the basic requirements for consent, age or an earlier marriage was missing in your case depends on your facts, so it is worth confirming with a lawyer.

A few related points are worth knowing:

• Arbitrators cannot grant a divorce or annul a marriage, so a private arbitration cannot give you an annulment.
• A person charged with bigamy has a defence if the earlier marriage was declared void by a court of competent jurisdiction.
• If you are unsure whether your marriage was valid in the first place, getting legal advice before you remarry is sensible, because a new marriage cannot be entered while an earlier one has not been dissolved.

Court steps, forms and costs you can plan for

The detailed procedure for a declaration of nullity, including which forms are used and what evidence the court expects, depends on the circumstances and should be confirmed with a family lawyer. What can be said is how family filings generally work in the Superior Court.

• Family filings for the Toronto region must be made on the Ontario Courts Public Portal, and outside Toronto they go through Family Submissions Online, and you need an Ontario.ca Login.
• Documents must be completed, signed, dated and commissioned as required, and saved as individual PDF or Word files.
• Court staff review online submissions within 3 business days, and if a filing is rejected your card is not charged and you can fix it and resubmit.
• You cannot file online for an urgent hearing, or when a court date or legal deadline is 3 business days or less away.

The Ontario government lists the Superior Court fee for filing a family application at $214.00 and for placing an application on the list for hearing at $445.00. Which fees apply to a nullity claim depends on how it is brought, and fee amounts can change, so confirm them before filing.

If money is tight, you can ask to have court fees waived. Eligibility depends on household income or benefits, and on household liquid assets under $2,800 and net worth under $11,100. You apply on Form FW-A 3 if you think you meet the financial requirements or FW-A 4 if you do not, the form must be sworn or affirmed, and a waiver must be requested separately for each case. A waiver does not cover lawyers' fees or the cost of serving documents.

Evidence and timeline: what depends on your case

There is no confirmed fixed timeline for an annulment. How long it takes depends on whether the other person responds, whether the facts are disputed, and how busy the court is. In family cases generally, an answer is due 30 days after service, or 60 days if the respondent is outside Canada and the United States.

The evidence you need will follow the reason you are asking for annulment. Exactly what a court expects for an earlier marriage, age or consent depends on your facts, so confirm it with a lawyer.

What to do next

Before you decide between annulment and divorce, collect the paperwork and write down your timeline so a lawyer can tell you which route fits your facts.

• Your marriage certificate or registration, and the date and place of the ceremony.
• Documents about any earlier marriage, such as a marriage certificate, divorce order or death certificate.
• Birth records for both spouses if age is the issue.
• A short written timeline of when you met, married, lived together and separated.
• Messages, emails or records that show what was said or agreed before the marriage, if consent is the issue.
• Information about property, debts, children and income, so a lawyer can tell you how they may be affected.
• Any immigration documents, if status is involved, because that is a separate legal question.

Ask a family lawyer whether annulment is available on your facts, whether divorce is simpler, and what the likely steps and costs are.

Frequently asked questions