A divorce is the dissolution of an existing marriage, whereas an annulment is a declaration that the marriage is void ab initio i.e. the marriage is invalid from the onset. The grounds for divorce are clearly stated in s. 8 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). On the other hand, the common law in Canada currently dictates the grounds for the annulment of a marriage. Non-consummation, marriage without consent and marriage for solely for immigration purpose are often cited as possible valid grounds for the annulment of a marriage.

1. Non-consummation: Canadian courts currently hold that the inability to consummate a marriage is a valid ground for the annulment of a marriage. In Z. v. X.J. 2020 BCSC 1336, the marriage was held void and null because the respondent was incapable of having an intercourse with the claimant. In Razavian v Tajik 2019 ONSC 5662, an order of annulment of the marriage was granted based on the non-consummation of the marriage.
2. Marriage without Consent: In Said v Said [1986] B.C.J. No. 1146, it was held that marriages may be invalidated and consequential relief granted, not because of the presence of fraud but rather because of the absence of consent. A person will be held to have consented to marriage even if he or she is laboring under a mistake as to the attributes of the other partner, or the legal effects of the marriage. It would seem that the only mistakes sufficiently fundamental to negative consent to a marriage are a mistake as to the nature of the actual ceremony being entered into, or a mistake as to the identity of the other partner. Therefore, a marriage could be annulled due to the absence of consent. Nonetheless, if there were mistakes in relation to the attributes of a partner, such as: his/her financial status, or his/her tidiness, such mistakes will not result in absence of consent to the marriage. The absence of consent could result from the mistake as to the nature of the wedding ceremony or mistake as to the identity of the partner.
3. Marriage for solely immigration purpose: In Iantsis (Papatheodorou) v. Papatheodorou [1970] O.J. No. 1642 the court held that a marriage will not be declared void where one or both of the parties have gone through a ceremony for a motive other than marriage, such as, to affect the immigrant status of one of the parties. The court clarified that neither a fraudulent nor an innocent misrepresentation will of itself affect the validity of marriage unless the misrepresentation induces an operative mistake, e.g., as to the nature of the ceremony, or deception as to the identity of one of the persons to the marriage, as when A is induced to marry B, believing that she is marrying C. Nonetheless, marriage for solely for immigration purpose could negatively impact the non-Canadian partners immigration status in Canada.

If you require more information on whether to seek a divorce or an annulment, feel free to contact CALGARY family lawyers & Calgary Divorce LAWYERS at Osuji & Smith Lawyers.

Resources: Why do you need a Calgary Divorce Lawyer

Family challenges are inevitable, so you need to know how to effectively handle these problems. There are a few family challenges that you can’t solve through straightforward conversations, so they often search for a family lawyer to help them. There are different legal problems like divorce, child custody and more that require the expertise of a lawyer. You have to keep in mind that family law is very complicated, and you can’t manage everything all on your own even if you know a thing or two about this.

With regards to family complications, there are lots of attorneys who can help you cope with them. We will give you some information on the obligations of a family lawyer.

The main work of a lawyer is to talk about with the people concerned and attempt to find ways to help them without resorting to legal action. They’ll clarify the laws which are concerned with the problem, and they’ll let the married couples understand everything about this.

The lawyer will help them recognize all the possibilities once the case is brought to the court and the feasible consequences of their actions. The lawyer can help the family avoid costly fights in the courtroom if they can settle everything through other mediums.

The law always attempts to make certain that the family will stay together so the lawyers will not instantly accept the case and offer some guidance to the complainants.

Any family issue concerning children is also a main duty of a family lawyer. Some families are actually coping with various legal concerns such as child support, adoption, child custody and child abuse. A family attorney can definitely offer assistance to complex problems, especially when it is about child support and child custody. A lawyer can also handle various complaints on child abuse and adoption, so if you need assistance, you should always search for the best lawyer. You may always bring this to court, and a family attorney can assist you.

Divorce is definitely one of the most essential legal cases that a family lawyer can cope with. This is certainly a long and expensive procedure so it will be hard to do everything all on your own. If you file for a divorce, you need a lawyer that will manage the paperwork, and they could also represent you in court. You can’t merely file a divorce application without enough proof so you will need a lawyer to manage this. The lawyer may help avoid the divorce by persuading both parties through legal counseling. However, if they really plan to continue the divorce, the attorneys can represent them in court.

You should consider a family law solicitor in Perth because they will assist you with your legal concerns. You need the best lawyer to handle your family members.