subsequently arising defects and the loss of marital compatibility: do they establish grounds for annulment?

As for an intention to divorce arising later—when he intends to divorce her after a month—we know of no one who has said that this invalidates the marriage. He may or may not divorce her when that time comes. The same applies to someone who has this intention when contracting the marriage. Each spouse marries the other until death, so separation is inevitable.

A man may marry a slave woman whose master intends to emancipate her. If she were emancipated, the choice would be hers, and he knows that she would not choose to remain with him; nevertheless, the marriage is valid. The same applies if her emancipation is deferred to a specified time, or she is designated to be freed upon her master’s death, and he marries her, even though she will have the option of leaving him when that time comes.

Marriage is founded on the husband’s having the right to divorce from the moment the contract is concluded. It is therefore not binding upon him, whereas it is binding upon the woman. If it is known that, after a period, it will cease to be binding upon her and remain terminable at her option, this does not impair the marriage’s validity. Thus, marriage to a man whose penis has been amputated or to an impotent man is valid, as is marriage with conditions stipulated by the husband, even though the woman has the option of ending it if he does not fulfil those conditions.

It is therefore clear that the marriage’s becoming terminable at the woman’s option does not impair its validity, even though this deprives both spouses of complete assurance. His resolve to acquire marital rights with only partial assurance is comparable to this, since the woman enters the marriage on the understanding that he may divorce her if he wishes. This is inherent in marriage: he has resolved only to exercise a right that he possesses by virtue of the contract. It is as though he resolved to divorce her if she committed a sin, or if his wealth diminished, or something similar.

His resolve to divorce her when he travels back to his family, when his absent wife arrives, or when he has satisfied his desire for her falls into this same category.