An annulment is a judgment or a declaration from the Ontario Superior Court that a marriage is void in law. An annulment is different from a divorce because a divorce dissolves a valid marriage. There are two types of annulments, firstly, annulments where the marriage is void from the very beginning because one of the parties did not have the legal capacity to marry, for example, if he or she was still legally married to a third person, if one of the parties to the marriage is intellectually incapable or so intoxicated that he or she did not understand the meaning and consequences of the marriage ceremony. Secondly, there are annulments where the incapacity of the spouse is discovered after marriage, for example where one spouse has sexual incapacity.
The Courts have adopted a very skeptical view of requests for an annulment where it is perceived that the marriage was valid when and where it was celebrated, but it was orchestrated or contrived to facilitate immigration to Canada.
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