What is annulment?
A marriage is declared to be annulled where the law does not recognise it as a valid marriage. This is different to religious procedures for annulment. You should make any inquiry about church granted annulments through your church. A marriage is not valid at law where: • either person was married at the time of the marriage (bigamy) • the relationship between the people prohibits marriage (eg brother, sister, parent, grandparent, child or grandchild, including half relations but not step relations) • either person is not of marriageable age ie 18 years of age unless you have a court order) • the ceremony was not valid (eg unqualified celebrant or incorrect paperwork) • either person did not give their real permission eg: • they were not mentally capable of giving consent • they were mistaken eg as to the identity of the other party or the nature of the ceremony • there was duress or fraud, such as misrepresenting who you are or using threats or force to get permission. How do I apply?
A divorce is the proceeding you take to end a valid marriage. Annulment is the proceeding you take to end an invalid marriage. For example, a marriage might be invalid if one spouse was already married when he or she married the other, or if the husband or wife was under the age of 16. If you were married outside of Canada, you should know that the question of whether a marriage is valid is determined by the laws of the place where the marriage occurred. So if the marriage was valid in your country, it will generally be considered valid here in BC too. To get a legal annulment, you have to go to court, but you’ll need a lawyer to help you. Some religions also grant an annulment These annulments are valid within that religion but are not legally binding. Speak to your religious advisor or leader about this. Summary To get a divorce, you must prove a marriage breakdown. This can be separation for one year, or the marital offence of adultery or cruelty. Collusion, connivance and/or condon
There are two types of annulments: religious and legal. A religious annulment is handled through your religious institution, and is usually unrelated to the legal process by which your marriage is dissolved. Therefore, it’s possible to be legally divorced, yet eligible for a religious annulment. Check with your religious institution about the requirements to have your marriage annulled. Eligibility for a legal annulment is very rare. Each state has its own criteria. Being married only for a short period of time is usually not sufficient to qualify. If you think you qualify for an annulment, you will need to find out the exact circumstances under which your state permits this procedure. Examples of circumstances which may warrant an annulment: you or your spouse were not legally divorced from a prior spouse (irrespective of whether you were aware of this problem) and you remarry; your spouse fraudulently induced you to marry promising children, and you find out that he or she is incapab
