Tuesday, 22 November 2016

Can I get an annulment?

Family Law Lawyers are usually asked to terminate a marriage with a Divorce application, but in some rare situations, an annulment of a marriage is the more appropriate way to sever the union.

Although difficult annulments can be difficult to obtain, in this case the Supreme Court Judge was of the view that the physical detention of a young lady, by her family, in her home until she agreed to proceed with a marriage, was sufficient to take away her ability to consent to the marriage.

The caselaw on duress, as summarised in R.H. v. R.T. 2011 BCSC 678, states that “the party alleging duress must prove that their mental state was so overborne by duress that they were actually in a state of mental incompetence”.

Annulment are not easy to obtain - but it can be done.

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