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Free Guide to Hiring a Family Lawyer
An annulment is a court declaration that a marriage was invalid from the start - commonly called a declaration of nullity. In British Columbia, where White Rock is located, annulment addresses whether a marriage ever existed in law, as distinct from a divorce which ends a legally valid marriage. Annulments can be based on a range of legal grounds - for example, bigamy, marriage within a prohibited degree, lack of capacity, or lack of true consent because of fraud, duress, or mistake. The court that deals with declarations of nullity in British Columbia is generally the Supreme Court of British Columbia, and procedures will follow provincial and federal family law principles where they apply.
Annulment cases often raise complex legal and factual issues. A lawyer can help you assess whether you have a legally valid ground for an annulment, gather the right evidence, and choose the best forum and procedure. Lawyers can draft affidavits, prepare and file court documents, and represent you at hearings. When children, property, or support are involved, or when the other party contests the annulment, legal representation is especially important. Other common reasons to retain a lawyer include cases involving criminal elements such as bigamy, cases requiring urgent court orders for safety, matters with cross-jurisdictional complications, and situations where the annulment might affect immigration or pension entitlements.
Even when an annulment seems straightforward, a lawyer will help you understand how annulment might interact with family-property rules, child custody and support obligations, and potential future legal steps such as a subsequent marriage or divorce.
Key legal sources relevant to annulment in White Rock include the Marriage Act and other provincial statutes, common law principles used by the Supreme Court of British Columbia, and federal family law statutes where overlap exists. Courts distinguish between marriages that are void and marriages that are voidable. Void marriages are treated as having lacked legal validity from the outset - for example where a formal requirement was never met, or where the parties were within a prohibited degree of relationship, or where one party was already married. Voidable marriages are legally valid unless and until a court sets them aside - examples include marriages entered into under fraud, duress, or where consent was lacking.
To obtain a declaration of nullity you will normally file an application and serve the other party, present affidavits and documentary evidence, and attend a hearing if the court requires it. The onus is on the person seeking the annulment to prove the grounds. Proof may require medical or psychiatric reports, police records, certificates, witness affidavits, or other documentary evidence. Even if a court issues a declaration of nullity, matters involving children, property division, and support are handled according to family law principles - an annulment does not automatically erase obligations to children or resolve equitable claims over property. Time limits and procedural rules can vary depending on the precise ground being relied on, so timely legal advice is important.
An annulment is a declaration that the marriage was legally invalid from the start. A divorce ends a valid marriage. The legal consequences differ - annulment addresses the validity of the marriage, while divorce addresses the breakdown of a legally valid marriage and triggers specific divorce-related provisions. Issues such as child custody and support and property division still require legal resolution even if an annulment is granted.
Common grounds include bigamy or prior undissolved marriage, prohibited degree of relationship, lack of capacity to consent (for example due to mental incapacity or intoxication), and lack of true consent because of fraud, duress, or mistake. The precise facts required to prove each ground differ and will affect how you prepare evidence for court.
Generally either spouse may apply to court for a declaration of nullity. In some situations a third party with direct legal interest may also apply, but most annulment applications are brought by one of the spouses. You must bring the application in the proper court - normally the Supreme Court of British Columbia for declarations of nullity.
Start by consulting a lawyer to review your circumstances and advise on the appropriate grounds. You should gather documents such as your marriage certificate, identification, any police reports, medical records or communications that support your claim, and witness statements. Your lawyer will prepare the necessary court application, affidavits, and supporting evidence and will arrange service on the other party.
No. Courts prioritize the best interests of children regardless of whether parents seek an annulment or a divorce. Orders for custody, parenting time, and child support remain available and enforceable. You should address child-related issues either by agreement or by asking the court to make appropriate orders as part of the process.
An annulment does not automatically resolve property division or spousal support claims. In British Columbia, family property and support issues are governed by provincial family law rules. You may need to bring separate claims or ask the court to determine property and support as part of the family law process. A lawyer can advise whether you should pursue annulment first, or address property and support in the same proceedings.
Timeframes vary widely depending on complexity, the need for expert evidence, and whether the other party contests the application. A straightforward, uncontested matter might be resolved in a few months; contested matters can take much longer. Costs depend on legal fees, court fees, and any expert or investigative expenses. Ask for an estimate from a lawyer and discuss alternative dispute resolution options to reduce costs where appropriate.
Required evidence depends on the ground you rely on. For bigamy, you may need marriage and divorce records and police reports. For lack of consent or fraud, affidavits, correspondence, medical or psychological reports, and witness statements can be important. Documentation and contemporaneous evidence strengthen your case. Your lawyer will advise on the specific evidence needed for your situation.
Annulment can affect immigration-related matters, but immigration law is separate from family law. If your marital status affects immigration status, you should consult both a family law lawyer and an immigration lawyer. Courts may make declarations about marital status, but federal immigration authorities make decisions under immigration statutes and regulations.
When a spouse is abroad or cannot be located, the court has procedures for substituted service or alternative notice. You must demonstrate reasonable efforts to locate and serve the other party. A lawyer can help you follow the correct procedural steps so the court will accept your application and proceed in your absence if necessary.
Supreme Court of British Columbia - local registry offices can provide information on court procedures and filing requirements. BC Vital Statistics Agency - for certified marriage and birth records. Family Justice Centres and family justice counsellors - for information and referrals about family law and court processes. Legal Aid BC - for eligibility information and Family LawLINE if you meet financial criteria. Access Pro Bono - may provide assistance for certain family law matters. People’s Law School and government family law guides - for plain-language explanations of family law and court processes. Victim services and community transition houses - for people experiencing coercion, violence, or abuse. Local family law lawyers in White Rock and South Surrey - for private legal advice and representation. Courthouse duty counsel - available at some court locations to provide short legal advice on the day of a hearing.
If you think an annulment may apply to your situation, follow these practical steps. First, gather key documents - your marriage certificate, identification, any prior marriage or divorce documents, relevant communications, medical or police reports, and names of witnesses. Second, book an initial consultation with a family law lawyer experienced in annulments or declarations of nullity - ask about fees, likely process, and timing. Third, consider urgent safety or protection needs and contact local police or victim services if you are at risk. Fourth, inquire about alternative resources if you cannot afford private counsel - Legal Aid BC, Access Pro Bono, or local legal clinics. Fifth, keep records of all efforts to locate your spouse, and do not destroy documents that may be relevant to your claim. Finally, get clear written advice from a lawyer about whether to pursue annulment, divorce, or combined family law proceedings so you understand the likely legal and practical outcomes.
