How Do You File for an Annulment in Ontario?

Unlike divorce, which ends a valid marriage, an annulment recognizes that a valid marriage never existed under the law. Being unable to distinguish both is important because the rights and responsibilities that follow differ greatly between annulment, divorce, and separation.

In this blog, we cover the legal grounds for annulment, documents required and process to get an annulment, and answers to some commonly asked questions.

What are the legal grounds for annulment? 

Annulments are only granted under narrow circumstances. Grounds include: 

• One spouse was already married at the time of the ceremony.
• Lack of consent, which may involve duress, fraud, intoxication, or mental incapacity at the time of marriage.
• Underage marriage, where one spouse was younger than the legal age requirements in Ontario.
• Prohibited relationships, such as marriages between close blood relatives.
• Inability to consummate the marriage, due to a physical or psychological condition that existed at the time of the marriage.
  

It is important to note that infidelity, incompatibility, or the short length of the marriage are not valid grounds for annulment. That qualifies you for a divorce proceeding in Ontario. 

Read more about annulment here. 

How to File for an Annulment in Ontario? 

Filing for annulment follows the Family Law Rules in Ontario, and the case is started in the Superior Court of Justice. Here are the steps:

1. Confirm eligibility

Before beginning, you must be certain that one of the valid legal grounds for annulment applies. Grounds include bigamy, underage marriage, lack of consent, prohibited relationships, or inability to consummate the marriage. If your situation does not meet these grounds, divorce is the available option.

2. Complete the correct court forms

The main forms you will need are:

• Form 8: Application (General) – It sets out the order you are asking the court for (annulment) and the reasons.
• Form 6B: Affidavit of Service – After serving your spouse with the application, this form confirms to the court how service was done.
• Form 36: Affidavit for Divorce or Annulment – Used if the matter is uncontested. It outlines the facts of the case and confirms that the grounds for annulment exist.
• Form 25A: Divorce or Annulment Order (Draft) – A draft order you prepare for the judge to sign if your application is successful.

All forms are available on the Ontario Court Forms website.

3. File the application

Once your forms are completed, file them with the Superior Court of Justice (Family Court Branch) in the municipality where you or your spouse lives. Filing requires:

• Your marriage certificate (or registration if the certificate is unavailable).
• Supporting evidence (such as medical records, prior marriage documents, or affidavits).
• The court filing fee, which is currently set by Ontario’s court fee schedule.

4. Serve your spouse

You must serve your spouse with a copy of the filed application and any supporting documents. Service must follow the Family Law Rules, usually through personal service by someone over 18 (not you). After this, complete Form 6B: Affidavit of Service to prove to the court that your spouse was served.

5. Response from spouse

Your spouse has 30 days (if living in Canada or the U.S.) to file an Answer (Form 10) if they want to contest the annulment. If they live outside North America, they have 60 days.

6. Court review and hearing

If your spouse does not respond, you can proceed on an uncontested basis by filing Form 36: Affidavit for Divorce or Annulment and a draft Form 25A: Order. 

If your spouse contests, the matter proceeds to case conferences, motions, or even a trial, depending on complexity.

7. Final annulment order

If the judge is satisfied that the legal grounds exist, the court issues an Annulment Order using Form 25A. This order is legally binding and changes your marital status to single.

Your Trusted Family Law Firm in Ontario 

At our Etobicoke office, we regularly assist clients with complex family law matters, including annulments, divorces, and separation agreements. 

We understand that no two situations are the same. Some clients come to us after discovering their spouse was already married. Others face sensitive issues around consent, medical conditions, or prohibited relationships. 

If you believe you may qualify for an annulment, reach out today to book a consultation with our family law team in Etobicoke. Together, we can review your eligibility, explain your options, and guide you forward in this sensitive matter.