Best Annulment Lawyers in New Westminster

About Annulment Law in New Westminster, Canada

Annulment is a legal process that declares a marriage null and void, as though it never occurred. In New Westminster, British Columbia, annulment is recognized under both provincial and federal law. Unlike divorce, which ends a legally valid marriage, an annulment is granted when a marriage is considered invalid from the beginning due to specific legal reasons. This distinction is important for those who believe their marriage should not have been valid under the law in the first place.

Why You May Need a Lawyer

Seeking an annulment in New Westminster can be complex and may require guidance from a legal professional. Common reasons for needing legal help include:

• Uncertainty about whether your circumstances qualify for an annulment rather than a divorce
• Difficulty gathering evidence or understanding legal requirements
• Disputes between spouses regarding the validity of the marriage
• Concerns about the division of property or custody of children following annulment
• Language barriers or unfamiliarity with the legal system

Given that the grounds for annulment are specific and the process can have significant legal and personal consequences, consulting with a lawyer ensures your rights are protected and the process is handled correctly.

Local Laws Overview

Annulment in New Westminster is governed by both the federal Divorce Act and provincial laws specific to British Columbia. Some key aspects of local law relevant to annulment include:

• Grounds for Annulment: To be granted an annulment, you must prove that the marriage is void or voidable. Common grounds include one party being already married, lack of consent, incapacity, underage marriage without necessary permissions, or marriage between close relatives.
• Void vs Voidable Marriages: A void marriage is invalid from the outset, while a voidable marriage is valid until it is annulled by a court ruling.
• Legal Process: Annulments are typically obtained through the BC Supreme Court. Legal documents must be prepared and filed, and evidence presented to a judge.
• Residency Requirements: You or your spouse must have a connection to British Columbia, such as residency, to file for annulment in New Westminster.
• Consequences: Annulments affect property rights, spousal support, and may impact children born in the marriage. The court may still issue orders related to these issues.

Frequently Asked Questions

What is the difference between annulment and divorce?

An annulment declares a marriage legally invalid, as if it never occurred, while divorce dissolves a legally valid marriage.

What are common grounds for annulment in New Westminster?

Grounds include bigamy, lack of consent, incapacity, being underage without proper consents, and marriages between close relatives.

How do I apply for an annulment in New Westminster?

You file an application with the Supreme Court of British Columbia, providing evidence for the grounds upon which you seek annulment.

Is there a time limit for filing for an annulment?

Some voidable grounds for annulment must be acted upon promptly. Delays may affect your ability to obtain an annulment, so consult a lawyer as soon as possible.

Do I need to attend court to get an annulment?

Yes, usually at least one party needs to attend court to provide evidence supporting the application for annulment.

Can I remarry immediately after an annulment?

Once the court declares the marriage null, you are considered never to have been married and may remarry, subject to legal waiting periods if any.

Does an annulment affect the legitimacy of children?

No, children born during the marriage are considered legitimate under Canadian law, regardless of annulment.

What happens to property or assets after an annulment?

The court may address property division, but rights may differ from those arising from divorce. Legal advice can help clarify your entitlements.

Will spousal support be awarded after annulment?

The court can still order spousal support if justified by the relationship’s circumstances, despite the marriage being annulled.

Can I get an annulment based on short duration of marriage?

No, the length of the marriage alone is not grounds for annulment. Legal grounds must be proven.

Additional Resources

• Supreme Court of British Columbia - for official forms and process information
• Legal Aid BC - offers legal information and may provide assistance for qualifying individuals
• Courthouse Libraries BC - for public access to legal resources and guidance
• Family Justice Centres and Justice Access Centres in British Columbia - for support and referrals
• Law Society of British Columbia - to find qualified family law lawyers

Next Steps

If you are considering annulment in New Westminster, start by gathering all documents related to your marriage and any evidence supporting your case. Schedule a consultation with a family law lawyer who has experience in annulments. A lawyer will assess your situation, explain your options, and guide you through the legal process. If eligible, you may also seek help from Legal Aid BC or local legal clinics. Taking prompt action is important, as delays can impact your legal rights and the success of your application.