What Is the Difference Between Divorce and Annulment? Your Questions Answered

Jan 15, 2026

Which route should you take when your marriage comes to an end — an annulment or divorce? Many people are unsure which legal path applies to their situation. Divorce is widely understood, but annulment is often misunderstood and assumed to be a quicker or easier alternative. There are important legal differences between annulment and divorce that can affect your legal status, financial rights, and future obligations.

At Kelly Jordan Family Law, our experienced family law lawyers in Toronto help clients understand their options when their marriage ends.

In this blog post, we answer common questions about annulment and divorce under Canadian law, including when each applies and how to determine which route is best for you.

What is the Difference Between Annulment and Divorce?

The key difference between divorce and annulment is how the law views the marriage itself. A divorce legally ends a valid marriage. An annulment, on the other hand, declares that the marriage was never legally valid to begin with.

While a divorce acknowledges that a lawful marriage existed, but has broken down, an annulment treats the marriage as though it never legally happened. This is the case, even though a wedding ceremony may have taken place.

Because of this distinction, annulments are far less common than divorces and are only available in specific circumstances.

Divorce and Annulment in Canada: Key Context

Divorce remains far more common than annulment in Canada. While annulments occur, they represent a very small portion of marriage-related legal proceedings due to their narrow legal grounds.

Recent Canadian data shows that divorce rates are at historic lows, with approximately 5.6 divorces per 1,000 married people. Despite this decline, it is still estimated that roughly four in ten Canadian marriages may eventually end in divorce. Annulments are not tracked in the same way because they are rare and handled through individual court applications.

What Is a Divorce in Canada?

A divorce is a legal process that formally ends a valid marriage. In Canada, divorce is governed by federal legislation and applies to married spouses only.

When Can You Get a Divorce?

Most divorces are granted based on marriage breakdown, usually proven by spouses living separately and apart for at least one year. While adultery or cruelty can also be grounds for divorce, they are less commonly relied upon in practice.

Divorce focuses on resolving the legal consequences of a marriage ending, including:

Division of property and debts
Spousal support, where applicable
Parenting arrangements and child support

A divorce does not question whether the marriage was valid. It simply recognizes that the relationship can no longer continue.

What Is an Annulment?

An annulment is a court declaration that a marriage was legally invalid from the start. This means the marriage is treated as though it never existed in law.

Annulments are rare because the legal requirements are strict. Many marriages that are short, unhappy, or entered into impulsively still do not qualify for annulment.

When Can a Marriage Be Annulled?

In Canada, a marriage may be annulled if there was a fundamental legal problem at the time the marriage took place.

Common grounds for annulment include:

One spouse was already legally married
One or both spouses lacked the legal capacity to marry
A spouse was under the legal age, and proper consent was not obtained
The spouses were too closely related by blood
There was no genuine consent due to fraud, coercion, or serious misrepresentation
The marriage was never consummated due to physical incapacity

The issue must have existed at the time of the marriage. Problems that arise later, such as infidelity or incompatibility, do not qualify for annulment.

Because annulment applications require clear evidence, speaking with family law lawyers, such as our team at Kelly Jordan Family Law in Toronto, is essential before assuming this option even applies. Our team can explain how it works in the context of Ontario family law.

Is It Better to Get Divorced or Annulled?

Many people ask whether it is better to pursue annulment instead of divorce. The answer depends entirely on whether the legal criteria for annulment are met. Annulment is not a shortcut or alternative to divorce. If the marriage was legally valid, divorce is the appropriate legal process.

In most cases, divorce provides clearer legal protections, particularly when it comes to property division, spousal support, and parenting issues. Annulment may limit certain claims because the marriage is treated as though it never existed, though courts can still address fairness and child-related matters.

Choosing the right path requires careful legal analysis. A consultation with experienced family law lawyers in Toronto can help determine which option is legally available and strategically appropriate.

How Divorce and Annulment Affect Children

Regardless of whether a marriage ends through divorce or annulment, children’s legal rights are protected. An annulment does not affect a child’s legal status or a parent’s responsibilities.

Courts will still address:

Parenting arrangements
Decision-making responsibility
Child support

The best interests of the child remain the guiding principle in all family law matters.

Why Legal Advice Matters

Understanding the difference between divorce and annulment requires more than a general explanation. Each situation depends on facts, timing, and evidence. Mistaken assumptions can lead to delays, increased costs, or loss of legal rights.

At Kelly Jordan Family Law, our family law lawyers in Toronto provide clear guidance tailored to your circumstances. Whether you are considering divorce, exploring annulment, or unsure which option applies, we help you move forward with confidence and clarity.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation, so that we can provide the guidance and representation you need.