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Annulments made easy

Are you unsure if you have valid grounds for an annulment? We can help you understand the process and determine if your case is eligible for an annulment.

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What is an Annulment?

An annulment is a court order declaring that a marriage was never legally valid. Unlike a divorce, which ends a legally valid marriage, an annulment treats the marriage as though it never legally existed.

Annulments are rare in Alberta and are only granted in specific legal situations. If you believe your marriage may qualify, understanding the legal grounds is the first step.

Divorce Easy serves clients in Calgary and throughout Alberta.

Annulment vs Divorce in Alberta

Here’s the difference:

  • Divorce ends a legally valid marriage after it has broken down.
  • Annulment only applies when there was a legal defect at the time of marriage.

Most couples who want to separate will qualify for divorce rather than annulment. The court requires clear legal proof before granting an annulment.

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Legal Grounds for Annulment in Alberta

The Divorce Act of the federal government specifies that a marriage can be terminated in certain circumstances – generally due to an issue with how the wedding was conducted or an incapacity of one partner. If, at the time of marriage, spouses can prove one or more of the following capacity issues, they may be eligible for an annulment:

  • One spouse was already married – If your spouse was legally married to someone else at the time of your ceremony, the second marriage is not valid
  • Close blood relationship – Marriage between close relatives is prohibited under Canadian law.
  • Lack of true consent – If you were forced, threatened, or pressured into marriage, or did not freely agree.
  • Mental incapacity – If one spouse did not understand the nature and consequences of marriage at the time of the ceremony.
  • Underage marriage without proper consent – If one party was below the legal marriage age and the legal requirements were not met.
  • Inability to consummate – If one spouse was permanently incapable of sexual relations at the time of marriage. This must be a true incapacity, not simply unwillingness.

Simply regretting the marriage, discovering incompatibility, or experiencing conflict are not grounds for annulment.


Do You Qualify for an Annulment?

Annulments require careful legal review. Many people assume they qualify when they do not. In many situations, divorce is the proper legal process.

We will review your situation and explain clearly whether annulment is available or whether divorce is the better route.

How DivorceEasy can help

At Divorce Easy, we make creating a marriage contract affordable and stress-free. Our experienced team provides clear, professional guidance to ensure your contract is tailored, legally enforceable, and meets your financial needs.

01

Clear guidance on Alberta annulment

We help you determine whether you qualify for an annulment, explaining the legal requirements and factors that may apply to your situation.

02

Preparation and filing of court documents

Our team prepares all necessary annulment paperwork and files it with the appropriate court, ensuring everything is accurate and submitted on time.

03

Support throughout the court process

We guide you through each step of the court process, ensuring all procedures are handled quickly and efficiently, making the legal experience as smooth as possible.

04

Honest advice on whether annulment or divorce is appropriate

We provide compassionate support throughout the annulment process, keeping things stress-free and helping you stay focused on your next steps.

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How to Apply for an Annulment in Alberta

An annulment application is filed in the Court of King’s Bench of Alberta.

You must provide evidence supporting one of the recognized legal grounds. If children, support, or property are involved, the court can still make orders addressing parenting, child support, spousal support, and property division.

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