Marriage Annulment - Recent Case Law

Annulments are rare—but what happens when a marriage isn’t consummated and the court is asked to undo it instead of granting a divorce?In this week’s episode of Divorce Explained, Leanne and Steve speak with family lawyers Barry Nussbaum and Rebecca Ye—counsel for the applicant—to unpack Justice Presser’s January 2025 Ontario decision in S.M. v. R.F. (2025 ONSC 4155), where the court granted an annulment for non-consummation.We’ll cover:Annulment vs. divorce—what an annulment is (and isn’t)The legal test for non-consummation: incapacity vs. refusalCulture and religion—why the court focused on the legal test, not social stigmaEvidence that moved the needle: digital messages, medical checks, and a religious witnessPractical takeaways: costs, risks, and when pursuing annulment makes senseTune in for a clear, candid breakdown of a rare remedy—and what it reveals about how Ontario courts view marriage and annulment today.