When can a marriage be annulled?

While traveling abroad, Florence meets Anis.
It was love at first sight, and the two lovers dated long-distance for several years.
In 2015, the couple decided to get married, and Anis was determined to move to Quebec to live with his future wife.
In January, Anis and Florence were united in marriage in a religious ceremony in Montreal.
In the summer of 2015, Florence discovers that Anis was already married in his home country, and even has a child from his previous union.
In a state of shock, Florence can’t believe her ears, and puts an end to her relationship with Anis.

Did you know that Florence can request an annulment of her marriage, rather than a divorce?
The law recognizes certain grounds for annulling a marriage or civil union:

the spouses had not reached the minimum age for marriage, i.e. 16 for a marriage with parental consent and 18 for a civil union

spouses are related to a prohibited degree (father, mother, son, daughter, brother, sister, grandfather, grandmother)

the wedding notice has not been posted

the celebration was not public

the officiant was not competent to celebrate a union

the previous marriage or civil union of one of the spouses is still valid

in the case of a minor spouse, parental or guardian authorization had not been given

one of the spouses did not consent to the marriage or gave his or her consent under duress or as a result of an error

Annulling a marriage or civil union allows former spouses to :

liquidate their matrimonial property regime

share family assets

When the court declares the marriage null and void, it may declare either spouse to be in bad faith.
The spouse in good faith may then, at his or her option, repossess his or her property or ask for the liquidation of his or her property rights resulting from the marriage.

For more information, do not hesitate to contact us at 514-326-4553, or toll-free at 1-855-505-1515, or by sending an e-mail to info@brunetassocies.com