An annulment is a declaration by a judge that a marriage is void. This means that, under the law, the union between two people never happened at all. This outcome is different from a divorce, which is the name for dissolving a marriage.
There are limited situations where a judge might annul a marriage. A dedicated divorce lawyer from The Riley Divorce & Family Law Firm could help you understand whether there is a defect that renders your union void. Let an Ottawa annulment lawyer assist you with this process.
Declaring a marriage to be null and void only happens under specific circumstances. A judge must determine that a specific factor was present to come to this conclusion. With the help of an Ottawa lawyer, it is possible to challenge either the formal or essential validity of a union by pursuing an annulment.
Formal issues arise when there is a problem with the wedding ceremony itself. When a couple chooses to wed, they are required to comply with all provincial laws. The union is considered defective if they fail to comply.
Typically, these problems involve the failure of one or both parties to meet a basic requirement, such as being over 18. Other examples include the spouses being closely related or one party lacking the mental capacity to wed.
The second factor that could render a wedding void is essential validity. Issues within the marriage can invalidate it, even if the technical requirements were met at the time of the ceremony.
For example, it may be grounds to annul if there was a mistake or misrepresentation about a fundamental aspect of the relationship. This might include one party lying about their identity. Coercion, duress, or polygamy can also qualify.
After a court annuls a marriage, there are still issues tying the parties together. They might share property or children, and disputes can arise similarly to a divorce. A lawyer in Ottawa could assist with resolving these issues in an annulment case.
Property division in these cases is handled differently compared to a divorce. Instead of splitting things in an equitable way, the court sets out to return each party to the position they were in prior to the wedding. This typically means each person keeps the assets they brought into the marriage, with anything purchased during the relationship awarded to the spouse who paid for it.
Because this process is as if the two people were never married, spousal support is never awarded by a judge. This is one of the biggest differences with divorce, which often allows for alimony payments.
The same is not true for child support and custody. This should come as no surprise, given that these rights and obligations exist whether parents are married or not. A judge will evaluate what is best for the child before determining an appropriate amount of child support. This standard is also used when awarding decision-making authority or parenting time.
If you believe your marriage is null and void, it is vital that you seek out legal counsel right away. This process is different from divorce, and understanding the differences is important when you share children.
The Riley Divorce & Family Law Firm is here to help you 24/7 through this challenging time. Call right away to have one of our Ottawa annulment lawyers evaluate your case and answer your questions during a consultation meeting.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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