What is an annulment and how do I get one?

2. Apply to court

You have to apply to court to get an .

Make sure that you apply to the right court. Only a Superior Court of Justice or a Family Court of the Superior Court of Justice can order an annulment. The Court of Justice cannot give you an annulment.

You fill out Form 8: Application to apply. On page 4 of the form, under the heading “Other claims”, you ask for an “annulment of marriage”.

Other claims

You might still have the same rights as a partner, even if you get an annulment. The court looks at your specific situation, including things like when you got married and why you are asking for an annulment. You might have the right to:

  • divide property: instead of using the date of separation as the date that you value your property, you may be able to use the date that you got the annulment
  • stay in your after you separate
  • get

You can make these claims if you married your partner in good faith. This means that when you had the ceremony, you didn't know that you could not be legally married.

For example, if you thought your 17-year old partner was 20 years old at the time of the marriage because they lied, you can apply to divide property. But if you are the partner that lied about your age, you can't apply to divide property.

If you have children together, you can always claim:

  • , which used to be called
  • , which used to be called

You can talk to a lawyer who can help you understand what the law says and what your options are. They can also explain the court process and help you through it.

If you can't afford to hire a lawyer for your whole case, some lawyers provide “unbundled services” or “limited scope retainer” services. This means you pay them to help you with part of your case.

If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.

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