Marital Fraud Legal Services in Ontario
Coming to learn that you are in a fraudulent marriage can be shocking, frightening, and complex to navigate.
At Stephen Durbin and Associates, we recognize the significant emotional and financial strain of discovering that your marriage may have been entered into under false pretenses. Marital fraud, often rooted in deceit about intentions or identity, can leave spouses feeling betrayed and uncertain about their legal options.
Our experienced family law team in Burlington, Ontario, is dedicated to guiding clients through these difficult circumstances with compassion and expertise. If you suspect marital fraud in your relationship, contact us today to explore your rights and potential remedies.
+1 855 694 5222
What is Marital Fraud?
Marital fraud occurs when one spouse enters into a marriage with deceptive intentions—such as hiding important information or misrepresenting their motives—leading the other spouse to commit to the union under false pretenses. In Ontario, this may involve concealing a prior marriage, fabricating personal information, or entering the marriage solely for immigration purposes without a genuine commitment to the partnership.
See More
Marital fraud goes beyond ordinary misunderstandings. It strikes at the heart of a marriage’s legal validity. In family law, misrepresentations that fundamentally impair a person’s ability to give informed consent may qualify as fraud. Determining whether marital fraud has occurred requires distinguishing between emotional betrayal (which may be grounds for divorce) and legal fraud (which can render a marriage void from the outset).
What Are the Grounds for Annulment Due to Marital Fraud in Ontario?
If marital fraud is present, one potential remedy is an annulment. An annulment declares that a defect existed in the marriage at the time it was formed, rendering it null and void ab initio. The legal effect is that no valid marriage ever existed.
To obtain an annulment based on fraud, clear proof is typically required that the deception created a fundamental misunderstanding about the nature of the marriage or the identity of the spouse. Common grounds include:
See More
- Fraud involving the spouse’s identity (e.g., using a false name or concealing a serious criminal history that undermines the essence of the marital relationship);
- Deception about the intent to consummate the marriage or to live together as a genuine marital partnership;
- Circumstances in which one party was coerced or lacked the mental capacity to give valid consent.
Ontario courts are cautious when granting annulments on the basis of fraud and require clear and compelling evidence that the misrepresentation went to the heart of the marital contract. If the fraud does not meet this strict threshold, divorce is usually the more appropriate remedy and allows for the resolution of property division, spousal support, and other related issues.
Can a Marriage Be Annulled for Immigration-Related Fraud?
In Ontario, a marriage cannot generally be annulled solely on the ground of immigration-related fraud.
In the leading cases of Iantsis (falsely called Papatheodorou) v. Papatheodorou, 1970 CanLII 438 (ON CA) and Grewal v. Kaur, 2011 ONSC 1812, Ontario courts confirmed that deception about immigration intentions does not constitute a recognized ground for annulment under provincial family law. Annulment requires a defect that renders the marriage void or voidable at its inception (e.g., lack of capacity, duress, bigamy, or incapacity to consummate); mere misrepresentation of immigration motive does not meet that test.
See More
Where immigration fraud is discovered, the available remedies are:
- Divorce under the Divorce Act (not annulment);
- Reporting to immigration authorities for investigation and possible revocation of status;
- Potential criminal charges for fraud under the Criminal Code.
What Remedies Are Available if You Suspect Marital Fraud?
If you suspect marital fraud, your family-law remedies remain divorce or (in rare cases) annulment. During divorce proceedings, proven marital fraud can influence property division, spousal support awards, and costs (see, e.g., Sonia v. Ratan, 2024 ONCA 152).
Practical Steps
Gather evidence promptly. Preserve emails, text messages, financial records, immigration documents, etc. that may support your case.
In appropriate circumstances, it may be advisable to commence litigation immediately and seek interim orders for disclosure or asset freezing. Consulting an experienced family lawyer (and, where necessary, an immigration lawyer) at the earliest stage is critical to protect your rights and choose the correct legal path.
Why Choose Stephen Durbin and Associates?
Marital fraud cases demand specialized knowledge of Ontario family law, immigration consequences, and court procedure. Our team can assess whether your situation may qualify for annulment or whether divorce is the better route, gather and present compelling evidence, negotiate favourable settlements, and vigorously represent you in court when required.
How We Can Help
If you are facing suspected marital fraud, Stephen Durbin and Associates is here to help. Contact us today to schedule a confidential consultation and take the first step toward clarity and resolution.
Please complete the form and we’ll get right back to you.
1-855-694-5222