The difference between a divorce and an annulment

By LegalMatters Staff • The key difference between a divorce and an annulment is that while a divorce terminates a legally valid marriage, an annulment treats the marriage as if it never existed.

“When a marriage is annulled, the court will issue a Nullity Decree. It takes effect immediately, declaring that the marriage did not exist or was not valid,” says Edmonton family lawyer Natalie Hermann.

She explains that annulments are granted in limited situations, including that your spouse was already married when they entered into the union or if you were seriously under the influence of alcohol or drugs at the time of your marriage.

“Annulments are also granted if your spouse fabricated their identity or if your marriage ceremony did not include the essential requirements for Alberta, such as having two witnesses,” says Hermann.

She adds that even if an annulment is granted, spouses are not absolved of their status and responsibilities as parents if children are involved.

“The ex-partners can also bring forth claims against one another related to property and support,” says Hermann.

She cautions people to understand the difference between an annulment granted by a religious organization as compared to those granted by the province.

“A religious annulment is only valid within the religion itself – you will still be considered legally married unless you obtain an annulment from the secular court,” says Hermann. “Without a legal annulment or divorce of a marriage, any future marriage will not be considered legally valid.”