Annulment and Divorce in Canada:
Annulment
– when a court declares that a couple were never legally married and that their marriage was null and void.
Grounds for Annulment:
1. If one spouse was already married to someone else.
2. If one spouse was under the legal age to marry, and did not have parental permission, at the time of their ceremony.
3. If the person lacked the mental capacity to understand the meaning of marriage.
4. If the marriage was entered under fraud, duress and fear.
5. If the couple are closely related to each other by blood or by marriage.
6. If one spouse is unable to or refuse to consummate the marriage.
Divorce
– termination of marriage and the bonds of matrimony between married persons.
Grounds for Divorce:
1. Breakdown of the Marriage; according to the Divorce Act, is established only if:
(1) the spouses have lived apart for at least one year immediately before the end of the divorce process and were living separate and apart at the start of the divorce process; or
(2) during the marriage, the spouse being divorced has:
(a) committed adultery, or
(b) treated the other spouse with physical or mental cruelty enough to make the marriage and cohabitation intolerable.
Even though you and your spouse have only been separated for less than a year, you may begin the divorce process. You can finalize the process once you have been separated for a full year. During your separation period, if you and your spouse decide to try and get back together, your divorce application would not be affected if the time you got back together did not exceed 90 days.
The Divorce Process:
a. Divorce Petition – includes information about you and your spouse, questions of property, custody of children, spousal and child support. This document may be filled by one or both spouses. The judge considers this document before granting your divorce.
b. Responding to the Divorce Petition – If only one of the spouses files for divorce, the other one gets served with the divorce petition. They will be given 20 days to file a response with the court. Not responding to the petition could mean that the judge may grant the petitioner the divorce and the rest of the things she asked for in the petition.
- If both spouses filed for the Divorce Petition, ( which usually means the couple agrees on how to share the property, child custody, spousal support etc. ) then this step is skipped. The judge would just have to make sure that the agreement complies with special provisions in the federal Divorce Act (Child Support Guideline etc.)
c. Contested Divorce - If you and your spouse do not agree on certain things, you may need to go to court to resolve the issues.
d. Foreign Divorce – When you get divorced in another country, you should file a petition with a Canadian court to have the divorce judgment enforceable in Canada.
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