Understanding Separation, Divorce, and Annulment in Ontario: What You Need to Know   

• 
  Ryan Amez
  Lawyer

In Ontario, navigating the end of a relationship can be a complex and emotionally exhausting process, especially when it comes to understanding the legal distinctions between separation, divorce, and annulment. Each of these terms signifies a different legal status and process, and it’s essential to grasp their differences to make informed decisions. Here’s a beginner’s guide to understanding the difference: 

Separation 

Separation occurs when a couple decides to live apart and cease cohabitating as a couple. Legally, separation does not dissolve a marriage, but marks the period of time where each spouse lives independently (also known as the “Date of Separation”)  

• No Legal Formalities Required: Unlike divorce or annulment, separation does not require any formal legal procedures. A couple can simply decide to live apart. However, during separation, legal obligations such as spousal support and child support still exist. For this reason, many couples choose to negotiate and sign a separation agreement. A separation agreement can outline how a couple will divide their assets, address parenting time and decision making responsibility for children, and make decisions regarding child and spousal support.  

Divorce 

Divorce is the legal process of dissolving a marriage. In Canada, the Divorce Act governs this process, and obtaining a divorce legally ends the marriage, allowing both parties to remarry if they choose. 

Grounds for Divorce: Ontario law requires at least one of the following grounds for divorce: 

• Separation for One Year: If the couple has lived separate and apart for at least one year, they can file for a divorce. Most divorces in Canada use this ground.  

• Adultery: If one spouse has committed adultery, the other spouse may seek a divorce. 

• Cruelty: If one spouse has treated the other with physical or mental cruelty that makes it intolerable to continue living together, this can be grounds for divorce. 

To obtain a divorce, one spouse must file an application with the court. This process involves submitting legal documents, possibly attending a court hearing, and obtaining a divorce order. 

Couples should be aware that in Ontario, it is very rare for a party to seek a divorce on the grounds of adultery and cruelty. This is due to the higher legal threshold to prove the claim, compared to a “no fault” (separated for one year) divorce. We suggest speaking to a lawyer as to whether seeking a divorce on either of these grounds is recommended.  

Annulment 

Annulment is a legal process that declares a marriage null and void, as if it never happened. Unlike divorce, which ends a valid marriage, annulment treats the marriage as though it was invalid from the beginning. 

In Canada, grounds for annulment can include: 

• Lack of Consent: A person who does not have the mental capacity to give consent to marry, or where consent was obtained by duress, or deception, the marriage can be considered void.  

• Underage Marriage: A minor cannot enter into a marriage without the written consent of a parent or guardian. 

• Existing Marriage: A person who is already married must obtain a divorce before entering into a new marriage, or any subsequent marriage will be considered void.  

To obtain an annulment, a person must apply to the court and prove that the marriage was invalid under the law. This process can be complex and may require substantial evidence. 

If granted, an annulment voids the marriage as if it never existed. This can have implications for issues like property division and spousal support. 

If there has been a breakdown of your relationship with your spouse and you wish to seek a divorce order, please contact one of our experienced family law lawyers and we would be happy to assist you with this process.  

Conclusion 

This article was written by Family Lawyer, Ryan Amez and Legal Intern Meagan MacArthur. For additional information, please do not hesitate to contact them at ryan.amez@mckenzielake.com or meagan.macarthur@mckenzielake.com

If you require assistance with any Family Law matter, speak to a Family Lawyer at McKenzie Lake Lawyers LLP by calling 519-672-5666.