What does void ab initio mean?

Void ab initio is a latin phrase, which literally means void from the beginning. In legal terms it means that a contract or legal document is void as if it does not exist and never existed. There could be many reasons for void ab initio, and it could apply to any number of legal documents or contracts. Herein I will discuss it as it pertains to annulment in Virginia. 

An annulment is different than a divorce. A divorce is a dissolution of  a legal marriage, an annulment is the court stating the marriage never existed. In the state of Virginia there are strict circumstances in which an annulment is considered void ab initio. These circumstances are ones in which the community, or general public, does not legally approve of such circumstances. To obtain an annulment in Virginia considered void ab initio, your marriage must fall under one of these categories:

• Same sex marriage (against the law in Virginia)
• Underage marriage (an adult is considered 18 years old, in Virginia)
• Marrying a relative (relative is considered whole blood, half blood, by adoption, ancestors, descendants, etc.)
• Bigamous marriage (marrying another while still married to someone else)

A void ab initio annulment must be filed within 2 years of the marriage in order to be considered. Other types of marriage may be considered voidable, however, they will not be void ab initio. These can include fraudulent marriages and other types of situations. 

If you have specific questions regarding annulment in Virginia, it is important to contact a qualified divorce attorney. An attorney will be able to discuss the options specifically available to you.