British Columbia woman got marriage annulled because of her husband’s helplessness

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A judge granted an annulment to a woman in British Columbia because her husband had not consummated the marriage.

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A judge granted a woman in British Columbia the annulment of her marriage after she could prove that her husband was helpless and had not consummated the union.

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The couple, who are only identified by initials in a court ruling, had attended a premarital consultation at a church in which no sexual health issues were revealed.

They had not lived together before their marriage in August 2018 and had not attempted to have sex before marriage.

British Columbia Supreme Court Justice Wendy Baker has learned that from around August 2018 to about March 2019, the couple had regularly attempted sex.

The wife claimed they attempted sex twice a week while the husband said he tried to have sex at least three times a week.

But they were unable to have sex because the husband was unable to get or maintain an erection.

In June 2019, the wife asked her husband to see a doctor about his sexual problems, but he delayed seeing a doctor and when he saw a doctor, tests indicated that he did not There was nothing wrong with him.

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The couple, who had discussed having children, separated in September 2019 with the wife to ask for an annulment, or a declaration that the marriage did not exist, rather than a divorce, for reasons based on his religious faith.

“The marriage contract that she concluded with the respondent is, according to her, void because of her inability to fulfill an essential implicit condition of the contract, namely to have sexual relations”, declared the judge in her decision.

The judge also noted that a declaration of annulment must be based on facts that existed on the date of the marriage.

“Despite months of attempts during their marriage, at no time was the respondent able to have sex with the claimant,” said the judge.

“The respondent’s incapacity does not result from a refusal to have sex, but rather from some handicap, whether physical or psychological. … The marriage contract concluded on August 11, 2018 between the applicant and the respondent is null and void.

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