An Annulment vs. a Divorce: Which One is Appropriate?

An Ontario court recently considered the interesting question of when it may grant a party’s application to annul their marriage (instead of getting a divorce).   The Parties’ Story The parties got married on August 16, 2016. They separated on January 10, 2017. On March 9, 2018, the wife commenced an application, seeking an annulment of their marriage. The wife served her application on the husband on April 26, 2018, by texting copies of the application to the husband (there was an order that permitted the wife to serve her application by way of substituted service). The husband did not file an answer or participate in the proceeding in any way. In support of her application, the wife filed an affidavit for an uncontested trial. The affidavit outlined the dates of the parties’ marriage and separation, and indicated that: The parties never lived together. The parties had no children. The parties never consummated their marriage. The marriage was a fraud…

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