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 16 years of age.
• 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. 

Void and voidable marriages are treated differently

Ontario law separates invalid marriages into two categories, and the category affects your next step.

Void marriages were never valid from the start. Bigamy, prohibited blood relationships, and underage marriage fall into this group. The law treats these marriages as though they never happened, even before a judge says so.

Voidable marriages stay valid until a court declares otherwise. Lack of consent and inability to consummate the marriage fall into this group. Only a spouse can challenge a voidable marriage, and the marriage remains fully valid until the court issues the order.

Most people still apply for a formal annulment order in both situations. Banks, immigration officials, and estate administrators will ask for proof of your marital status, and a court order supplies that proof.

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.

Does an annulment cancel your property and support rights?

Not necessarily, and this surprises most people who come to us.

Section 1(1) of the Family Law Act, R.S.O. 1990, c. F.3 defines a spouse to include a person who entered a void or voidable marriage in good faith. Good faith means you believed the marriage was valid when you went through the ceremony.

That definition protects you in a very real way. A spouse who married in good faith can still claim equalization of net family property and spousal support after the court annuls the marriage. Your rights survive because you did nothing wrong.

The picture changes if you knew about the problem at the time of the ceremony. A person who knowingly married someone already married cannot rely on this section to claim property or support.

Your children keep their full legal status in every case. Child support, decision making, and parenting time follow the same rules that apply to any other family in Ontario.

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. 

How much does an annulment cost?

You pay the Superior Court of Justice filing fee plus a further fee to schedule the application for a hearing. Current amounts appear on the Ontario family court fees page. You can apply for a fee waiver if you cannot afford these costs. Legal fees depend on how much evidence your grounds require and how strongly your spouse contests the application.

Does a religious annulment end my marriage under Ontario law?

No. A religious annulment carries weight within your faith community and nothing more. Ontario recognizes only a civil annulment order issued by the Superior Court of Justice. You remain legally married until that order exists, and you cannot legally remarry before then. Many of our clients pursue both processes at the same time.

Can I remarry after the court grants an annulment?

Yes. The Annulment Order in Form 25A changes your legal status back to single, and you can apply for a marriage licence immediately. Bring a copy of the order when you apply, because the issuer will ask for proof that your previous marriage ended. No waiting period applies after an annulment.