An annulment in Alberta is a type of court order that makes a marriage null and void. It essentially erases the legal implications of the union, making it as if the marriage never existed. In Alberta, an annulment can be granted for several reasons, which we will get into later. The process for annulling a marriage in Alberta generally involves filing an application with your local courthouse and providing proof of any grounds given for annulments.
Should the Court come to a conclusion that you have substantial reasons for an annulment, it will issue a Nullity Decree which declares your marriage was effectively non-existent or invalid.
The Court can terminate a marriage by declaring it either void or voidable based on the grounds that are present.
A marriage that has been legally declared void means there is no legal marital union. This usually happens when one of the parties involved has not fulfilled a condition for their wedding in the first place. For instance, if you were already wedded to another person and decided to marry someone else without having divorced your prior partner, then your latest ceremony will be considered void under the law.
A marriage is considered voidable when one of the spouses has the option to legally terminate it due to a condition or promise that was violated by their partner. This recognizes that both partners entered a legal union, but an obstacle or breach of trust gives them cause for dissolution. As such, anyone in this situation may make their marriage null and void.
If your partner misled you about their physical inability to engage in sexual intercourse before entering the marriage, then this knowledge would have been an essential factor to consider prior. As such, it is a valid ground for the annulment of said union.
The essential dissimilarity between annulment and divorce is that an annulment effectively erases a marriage declared as either void or voidable, while a dissolution of marriage (divorce) only terminates a valid union.
It is important to understand the differences between divorces and annulments in Alberta before deciding which one is most suitable for your situation. If you are unsure about which legal process applies to you, it is recommended that you reach out to us for a free consultation!
The Divorce Act of the federal government specifies that a marriage can be terminated in certain circumstances - generally due to an issue with how the wedding was conducted or an incapacity of one partner.
If at the time of marriage, spouses can prove one or more of the following capacity issues, they may be eligible for an annulment:
Are you unsure if you have valid grounds for an annulment? If so, then it’s important to contact us. We can help you understand the process and determine if your case is eligible for an annulment.
To have your marriage annulled by the Court, you must be able to demonstrate that a valid ground exists. Furthermore, if you and your partner have been conducting yourselves as married persons for an extended period of time or if there are children involved in the union, it is likely that the Courts will be much more hesitant in granting an annulment.
It is important to remember that the decision to pursue an annulment should not be taken lightly, and it is always advisable to seek legal counsel.
At Divorce EZ, we are here for you and can provide the guidance you need throughout the entire process.
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Telephone: (403) 774-7220
This website is for informational purposes only. DivorceEZ is a company registered in Alberta that offers paralegal services and mediation; and as such, we cannot provide any legal advice.
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