In other circumstances it is voidable, meaning one party can apply to the court to have it declared void.
In the following circumstances, a marriage is void or voidable:
- You or your partner is not old enough to marry;
- You and your partner are too closely related;
- You or your partner is already legally married;
- Your wedding ceremony did not include the formal requirements set out in the Marriage Act;
- You or your partner did not consent to the marriage, or did not have the capacity to consent to the marriage; or
- You or your partner cannot have sexual intercourse due to a physical or psychological disability that is permanent and irreversible.
Even if your marriage is voidable, a court may decline to void the marriage.
An annulment is difficult to obtain and, in most cases, when one or both spouses wish to end their marriage, a divorce is the appropriate solution.
Below we’ve compiled a few important answers to commonly asked questions on the Separation Agreement process.
IS A RELIGIOUS ANNULMENT THE SAME AS A LEGAL ANNULMENT?
A legal annulment is different from a religious annulment. If you wish to remarry in your faith and you require an annulment, this is usually a religious annulment. Some religions allow for a civil divorce in conjunction with a religious annulment.
If you have questions regarding religious annulment, you should speak to the leader of your religious group.
IF MY MARRIAGE IS ANNULLED, DOES THAT MEAN THAT MY CHILDREN ARE ILLEGITIMATE?
In most cases, children born to void or voidable marriages are considered legitimate.