Can Marriages Be Annulled?

http://www.galbraithfamilylaw.com/

We get asked by clients whether their marriages can be annulled all the time. It's a rare case that meets the criteria for annulment. I've been practicing law for over 25 years, and I've never had a case that met those criteria.

First of all, there has to be a legal capacity to get married. So if someone is so intoxicated that they don't know what they're doing, that marriage could be annulled. Or if there's a mental incapacity to understand or just a lack of realizing, there's some sort of fraud going on that they didn't realize that they were in the process of being married: those marriages can be annulled.

Another situation is where one party is already married. You can't be married to more than one person. If one of the parties is already married, then it might meet the criteria for an annulment.

There's also a belief that if the marriage has not been consummated, it will automatically be annulled — but that's not true. So if the marriage hasn't been consummated (the husband and wife have not had sexual intercourse after the date of marriage) that may work only if there's a physical or mental incapacity to have sexual intercourse. If it's just a matter of circumstances, that won't meet the criteria.

So if you do meet the criteria, and there's a few other nuances that we could discuss, if you meet the criteria the process is fairly straightforward. It's just a matter of paperwork; it’s similar to a divorce. But if you're not sure if you qualify for an annulment, you should just come, book an appointment with one of our lawyers. And we can discuss it with you, see if you meet the criteria. And if not, we can always proceed the traditional route and help you obtain a divorce. So whatever's appropriate for your situation. Just go to our website and book a consultation to learn more about your options.

At Galbraith Family Law, we have an excellent team of staff and lawyers to serve our clients' interests. "Team" has become a cliché in business-talk but, in our case, it best describes our corporate culture. We truly work together as a team to support our clients.

Although each person has their own sphere of responsibilities, we help each other get the job done. There are no big egos getting in the way of serving our clients. We treat each other and our clients the way we would want to be treated.

Call us local | Barrie 705-302-1072 | Orillia 705-242-2854 | Newmarket 289-803-3327

Galbraith Family Law Professional Corporation

Barrie Office
124 Dunlop Street West
Barrie, ON L4N 1B1
(705) 727-4242

Newmarket Office
1195 Stellar Drive, Unit 4
Newmarket, ON L3Y 7B8
(289) 319-0634

Oakville Office
209 Speers Road, Unit 13
Oakville, ON L6K 0H5
(905) 291-6634

St. Catharines Office
110 James Street, Unit 105
St. Catharines, ON L2R 7E8
(905) 291-5231

[email protected]
http://galbraithfamilylaw.com/ - visit here for more information!