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There is a difference in most Canadian jurisdictions between marriages that are "void" and "voidable".
Void marriages have a flaw which renders them invalid from the beginning, no matter what the intentions of the parties may have been. Some examples of void marriages are:
Voidable marriages are those where there is or may be a flaw, but the marriage will be recognized as valid until someone commences annulment proceedings to a court for a declaration or ruling that the marriage is invalid. Some examples of voidable marriages are:
Even if the person who solemnized the marriage or who issued the licence for the marriage contravened or failed to comply with the Marriage Act, the Court of Queen's Bench may declare the marriage valid.
If a marriage is neither void nor voidable, the only recourse is divorce.
Even the most common family law issue can be intensely stressful. A knowledgeable marriage lawyer can guide you through the process. An attorney will coach you on how to proceed and give expert guidance on hearings, trials and enforcing court orders. Take the first step now and talk to an experienced local marriage attorney.