Divorce Lawyer Edmonton Archives – Page 8 of 8

What’s the legal difference between annulment and divorce

by admin | Jan 8, 2020 | Annulment, Blog

There seems to be a lot of confusion regarding the difference between an annulment and a divorce in Alberta but the distinction is not as puzzling as it seems. If you find your marriage is over and you are looking at your options for legally ending it, depending on your circumstances, you may be eligible to annul the marriage immediately. In this article, we explore the differences between both, along with reasons for them. As always, we do suggest hiring a family/divorce lawyer to help you navigate all of the formalities of the legal system and explore the best options for you and your family.

What is a marriage annulment?

It is essentially a court order which states that your marriage either did not exist or was not valid. In an annulment, the marriage ends immediately once the court order has been issued. Consulting with an experienced family lawyer who has practiced in Alberta and is well-versed in the system here is your best option for discussing the possibility of an annulment versus a divorce. While an annulment may not always be granted, below are some of the circumstances that may qualify:

Second marriages: If your spouse was already married to another person when they entered into marriage with you, your marriage is not considered valid.
Duress: If you were forced to marry your spouse under threat of physical violence or under duress, you may qualify for an annulment as marriage must be entered into by consenting individuals.
Intoxication: If you were under the influence of alcohol or drugs at the time of your marriage ceremony, you may qualify for an annulment.
False Identity: If you thought you were marrying someone and they turned out to be a different person, the legal contract of marriage in which you entered with them is considered voidable.
Consummation: If your spouse is unable to consummate the marriage and you were unaware of this prior to the ceremony, you may qualify for an annulment.
Parental consent: If you were under the legal age of 18 when you got married and you did so without parental consent, an annulment order could be possible to obtain.
Kinship: If you and your spouse are too closely related, you may qualify for an annulment to void the marriage immediately.
Prerequisites: If your marriage ceremony did not include the essential requirements for Alberta, by law, such as having two witnesses, it is possible you could qualify for an annulment.

What is a religious annulment?

It is important to note that annulments granted by a religious institution are not the same as legal annulments. It is only valid within the religion itself – a legal marriage is otherwise considered to remain intact unless you access the appropriate legal channels to obtain a legal annulment from a judge or you get divorced. This is important, as well, in the case of spouses who religiously annul and then wish to remarry other people. Without a legal annulment or divorce of the first marriage, the second legal marriage will not be considered valid and is voidable.

What are my responsibilities after an annulment?

It does not mean that spouses are absolved of either their status as parents or that they cannot bring forth claims against one another as it pertains to property and support. Such claims can be brought forward about the following:

The division of property and assets
Spousal support
Child support or custody

It is also possible that, at the time of annulment, the court can issue orders pertaining to finances, property distribution and/or custody. Your best option, as mentioned above, is to enlist the services of a quality family lawyer to help make decisions about how to best end your marriage and assist you throughout that process.

Getting a lawyer for your family law needs

If you still don’t know whether pursuing a divorce or a marriage annulment is best for you, a family lawyer from Kolinsky Law can help you determine the best option for your circumstances. They will help you weigh the pros and cons of each option, always directing you to the very best choice for your particular circumstances. The family lawyers at Kolinsky Law know the Alberta system well and have years of experience in serving Albertan families. Call today to set up a consultation.

5 Things to do before filing for divorce

by admin | Mar 12, 2019 | Blog, Divorce, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation

Making the decision whether to file for divorce is difficult and often comes after a long period of compromise, personal reflection and struggling to “make it work.” However, if you feel ending your marriage or common-law relationship is your only option, it is important not to rush into divorce proceedings as even the most amicable divorce can have serious personal and financial consequences. Realizing your marriage may end can be extremely emotional, but there are five practical things you should consider before filing for divorce.

1. Talk to a Counsellor

Before ending a marriage, it is always worth talking to a couples counsellor or an individual therapist. If counselling cannot resolve the issues in your relationship, it may be a sign divorce is the right option. However, therapy should not stop with the decision to end the marriage. A qualified counsellor can also help as you go through the steps of ending your marriage. Divorce counselling can help you identify what went wrong, develop coping strategies and ultimately move forward post-divorce.

2. Talk to a Lawyer

If divorce seems inevitable, talk to a lawyer. It is essential to understand your legal options and how your actions in the lead up to separation may affect the outcome of the divorce. You will need to identify your grounds for divorce, ensure you fulfill all requirements, understand the separation and waiting period, and be aware of the implications of a contested divorce if your spouse does not agree to an uncontested divorce. And that is all before getting into the more complex matters of splitting assets and determining child custody.

A great divorce attorney will do more than tell you to get a divorce. They will work hard for your interests through the entire process from filing for divorce to arriving at a separation agreement.

3. Set a Goal for the Divorce

How do you want your life after marriage to look? Determine what you want from your divorce, whether it is a clean break, an amicable co-parenting relationship or to hang on to property and assets you are entitled to. Identify with your lawyer what your priorities are and develop a strategy to achieve your goals.

If you still are on speaking terms with your spouse, trying to find a compromise that meets each party’s most important priorities may be worthwhile.

4. Safeguard Your Assets

Take steps to safeguard your assets as soon as possible. You may want to do this before asking your spouse for a divorce. It is an unfortunate reality that in the emotionally charged period at the start of a breakup some people lash out by depleting joint bank accounts, lines of credit and credit cards. Make sure you have your own individual accounts to manage your finances and where possible freeze or close any shared accounts.

Do not move out until you have spoken to a lawyer and begun divorce proceedings. Leaving your home without good reason may result in loss of possession of the home or custody of your children. You may also not be able to return to the home until the court divides your property. If, however, your spouse is violent you should take all steps necessary to protect yourself and your children, including leaving the home.

5. Take Care of Your Children

If you have children, they should be your first concern in a divorce. Try to maintain their sense of security and continuity by working with your spouse to establish pick-up and drop-off schedules, and shared responsibility for activities and appointments as soon as possible. Prioritize making time for your children. Avoid letting the end of your marriage affect how you interact with your spouse as a co-parent and don’t try to come between them and your children.

Divorce can be a long and emotionally draining process. By taking these five practical steps to prepare yourself, you can ensure a smoother divorce process and a better outcome for yourself and your family.