Legal Question in Family Law in Canada
Annulment or divorce
Couple married Jan/07 - split in Nov/07 - situation uncontested - should process be annulment or divorce - live in Toronto, Canada - how 2 proceed
1 Answer from Attorneys
Re: Annulment or divorce
Annulment is only applicable when there is a factor making the marriage void such as no valid consent to the marriage,married under duress, or unable to consummate etc.
Otherwise, the marriage can only be dissolved by Divorce. If the parties agree, the parties can file a joint application after one year period of separation gaps. Or any party can file a divorce without the consent from the other party after one year period of separation gaps.
However, there are grounds of cruelty or adultery, in which case one year separation period is not required.