Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void . Unlike divorce , it is usually retroactive , meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
51-628: Lucrezia Borgia (18 April 1480 – 24 June 1519) was an Italian noblewoman of the House of Borgia who was the illegitimate daughter of Pope Alexander VI and Vannozza dei Cattanei . She reigned as the governor of Spoleto , in her own right, a position usually held by Cardinals . Her family arranged several marriages for her that advanced their own political position including Giovanni Sforza , Lord of Pesaro and Gradara, Count of Cotignola ; Alfonso of Aragon , Duke of Bisceglie and Prince of Salerno ; and Alfonso I d'Este , Duke of Ferrara. Alfonso of Aragon
102-778: A jurisdiction that classifies forced marriages as void, then the state can cancel the marriage even against the will of the spouses. In contrast, if the law provides that a forced marriage is voidable then, even if it can be proved that the marriage was forced, the state cannot act to end the marriage in the absence of an application by a spouse. Jus novum ( c. 1140 -1563) Jus novissimum ( c. 1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of
153-533: A love affair with the poet Pietro Bembo during her third marriage. Their love letters were deemed "the prettiest love letters in the world" by the Romantic poet Lord Byron when he saw them in the Ambrosian Library of Milan on 15 October 1816. On the same occasion Byron claimed to have stolen a lock of Lucrezia's hair – "the prettiest and fairest imaginable" – that was also held there on display. Lucrezia met
204-404: A marriage from being validly contracted at all and renders the union a putative marriage, while a prohibitory impediment renders a marriage valid but not licit . The union resulting is called a putative marriage. An invalid marriage may be subsequently convalidated , either by simple convalidation (renewal of consent that replaces invalid consent) or by sanatio in radice ("healing in the root",
255-535: A marriage invalid and constitutes legal grounds for a declaration of nullity. Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity. For annulment, proof is required of the existence of one of these defects, since canon law presumes all marriages are valid until proven otherwise. Canon law stipulates canonical impediments to marriage. A diriment impediment prevents
306-526: A third party, for example in probate proceedings during which a party to the void marriage is claiming inheritance rights as a spouse. In contrast, a voidable marriage may be ended only through the judgment of a court, and may be voided only upon the petition of one of the parties to the marriage or, if a party is under a legal disability, by a third party representative such as a parent or legal guardian. The legal distinction between void and voidable marriages can be significant in relation to forced marriage . In
357-449: Is described as having heavy blonde hair that fell past her knees, a beautiful complexion, hazel eyes that changed colour, a full, high bosom, and a natural grace that made her appear to "walk on air". These physical attributes were highly appreciated in Italy during that period. Another description said, "her mouth is rather large, the teeth brilliantly white, her neck is slender and fair, and
408-441: Is necessary first before considering divorce when there is dissention/contention between spouses (Qu'ran 4:35 ). The marriage contract clauses agreed upon must be honored when divorce is invoked. Also, Sharia does grant a Muslim woman simple ways to end her marital relationship and without declaring the reason. Faskh or (kholo) (annulment) doctrine specifies certain situations when a Sharia court can grant her request and annul
459-451: Is usually the custom that the marriage can proceed with parental or guardian consent, and the marital parties being able to ratify or void the marriage upon reaching the age of majority. These are also considered voidable marriages. The principal difference between a void and voidable marriage is that, as a void marriage is invalid from the beginning, no legal action is required to set the marriage aside. A marriage may be challenged as void by
510-517: The Anglican Catholic Church , offer annulments, which are granted by the bishop . Methodist Theology Today , edited by Clive Marsh, states that: when ministers say, "I pronounce you husband and wife," they not only announce the wedding—they create it by transforming the bride and groom into a married couple. Legally they are now husband and wife in society. Spiritually, from a sacramental point of view, they are joined together as one in
561-621: The Evangelical Catholic Church . The Church of England , the mother church of the worldwide Anglican Communion , historically had the right to grant annulments, while divorces were "only available through an Act of Parliament." Examples in which annulments were granted by the Anglican Church included being under age, having committed fraud, using force, and lunacy. Certain Continuing Anglican denominations, such as
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#1732869253396612-499: The Qadi (religious judge), who has the discretion to declare the evidence unacceptable. In Sunni Maliki school of jurisprudence ( fiqh ), cruelty, disease, life-threatening ailment and desertion are additional Sharia approved grounds for the wife or the husband to seek annulment of the marriage. In these cases too, the wife must provide two male witnesses or one male and two female witnesses or in some cases four witnesses, acceptable to
663-516: The Qadi (religious judge), who has the discretion to declare the evidence unacceptable. In certain circumstances, an unrelated Muslim can petition a Qadi to void (faskh) the marriage of a Muslim couple who may not want the marriage to end. For example, in case the third party detects apostasy from Islam by either husband or wife (through blasphemy , failure to respect Sharia, or conversion of husband or wife or both from Islam to Christianity , etc.). In cases of apostasy, in addition to annulment of
714-517: The dower he gave her before marriage; alternatively, he can invoke the Lian doctrine in case of adultery, either by bringing four witnesses who saw the wife committing adultery or by self-testifying and swearing by Allah four times. Sharia law then requires the court to grant the divorce requested by the man. Talaq is controversial, though it is a widely held belief, the Qu'ran insists counseling between two parties
765-498: The marriage of baptized persons is a sacrament and, once consummated and thereby confirmed, cannot be dissolved as long as the parties to it are alive. A "Declaration of Nullity" is not dissolution of a marriage, but merely the legal finding that a valid marriage was never contracted. This is analogous to a finding that a contract of sale is invalid, and hence, that the property for sale must be considered to have never been legally transferred into another's ownership. A divorce, on
816-767: The Borgias would later accuse her of being pregnant at the time her marriage was annulled for non-consummation. She is known to have retired to the convent of San Sisto in June 1497 to await the outcome of the annulment proceedings, which were finalized in December of the same year. The bodies of Pedro Calderon and a maid, Pantasilea, were found in the Tiber in February 1498. In March 1498, the Ferrarese ambassador claimed that Lucrezia had given birth, but this
867-679: The Papacy , "Lucrezia… was personally popular through her beauty and her affability. Her long golden hair, her sweet childish face, her pleasant expression and her graceful ways, seem to have struck all who saw her." Several rumours have persisted throughout the years, primarily speculating as to the nature of the extravagant parties thrown by the Borgia family. One example is the Banquet of Chestnuts . Many of these allegations concern accusations of Lucrezia's involvement in incest, poisoning, and murder. For example it
918-477: The Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 825243210 Upstream caches: cp1108 int Error: 429, Too Many Requests at Fri, 29 Nov 2024 08:34:13 GMT Annulment A difference exists between a void marriage and a voidable marriage . A void marriage is a marriage that was not legally valid under
969-503: The age of 12. After the death of Lucrezia's second husband, her father, Pope Alexander VI, arranged a third marriage. She then married Alfonso I d'Este , Duke of Ferrara , in early 1502 in Ferrara . She had eight children during this marriage and was considered a respectable and accomplished Renaissance duchess, effectively rising above her previous reputation and surviving the fall of the Borgias following her father's death. Neither partner
1020-630: The bust is admirably proportioned." One painting, Portrait of a Youth by Dosso Dossi at the National Gallery of Victoria , was identified as a portrait of Lucrezia in November 2008. This painting may be the only surviving formal portrait of Lucrezia Borgia; however, doubts have been cast on that attribution. Several other paintings, such as Veneto 's fanciful portrait, have also been said to depict her, but none have been accepted by scholars at present. According to Mandell Creighton in his History of
1071-423: The execution of Giovanni: the generally accepted version is that Lucrezia was informed of this by her brother Cesare , and she warned her husband, who fled Rome. Alexander asked Giovanni's uncle, Cardinal Ascanio Sforza , to persuade Giovanni to agree to an annulment of the marriage. Giovanni refused and accused Lucrezia of paternal incest. The pope asserted that his daughter's marriage had not been consummated and
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#17328692533961122-527: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life In the canon law of the Catholic Church , an annulment is properly called a "Declaration of Nullity", because according to Catholic doctrine ,
1173-614: The famed French soldier, the Chevalier Bayard while the latter was co-commanding the French allied garrison of Ferrara in 1510. According to his biographer, the Chevalier became a great admirer of Lucrezia's, considering her a "pearl on this Earth". After a long history of complicated pregnancies and miscarriages, on 14 June 1519 Lucrezia gave birth to her tenth child, named Isabella Maria in honor of Alfonso's sister Isabella d'Este . The child
1224-432: The fevered love letters the pair wrote one another. It has been claimed that the affair ended when Francesco contracted syphilis and had to end sexual relations with Lucrezia. This last assertion is troublesome as Francesco had contracted syphilis before 1500 as it was known that he passed the disease onto his eldest son Federico Gonzaga who was born in 1500. Francesco did not meet Lucrezia until 1502. Lucrezia also had
1275-425: The jurisdiction, reasons for why a marriage may be legally void may include consanguinity ( incestual marriage), bigamy , group marriage , or child marriage . A voidable marriage is a marriage that can be canceled at the option of one of the parties. The marriage is valid, but may be annulled if contested in court by one of the parties to the marriage. The petition to void the marriage must be brought by one of
1326-420: The laws of the jurisdiction where the marriage occurred, and is void ab initio . Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during a void marriage are considered legitimate. Depending upon
1377-500: The lute, poetry, and oration. The biggest testament to her intelligence is her ability in administration, as later on in life she took care of Vatican City correspondence and governance of Ferrara . On 26 February 1491, a matrimonial arrangement was drawn up between Lucrezia and the Lord of Val D'Ayora , in the Kingdom of Valencia , Don Cherubino Joan de Centelles (d. 1522). The arrangement
1428-402: The marriage. Grounds for Faskh are: (a) irregular marriage ( fasid ), (b) forbidden marriage ( batil ), (c) the marriage was contracted by non-Muslim husband who adopted Islam after marriage, (d) the husband or wife became an apostate after marriage, (e) husband is unable to consummate the marriage. In each of these cases, the wife must provide four independent witnesses acceptable to
1479-459: The mistresses of Lucrezia's father, Cardinal Rodrigo de Borgia (later Pope Alexander VI ). During her early life, Lucrezia Borgia's education was entrusted to Adriana Orsini de Milan, a close confidant of her father. Her education would primarily take place in the Palazzo Pizzo de Merlo, a building adjacent to her father's residence. Unlike most educated women of her time, for whom convents were
1530-428: The moment depicted (a Franciscan friar kissing Lucrezia's feet) was invented by the artist. Lucrezia was mother to seven or eight known children: Giovanni Borgia , " infans Romanus " ("Child of Rome", c. 1498–1548) had his paternity acknowledged by Alexander and Cesare in two Papal bulls, but it was rumoured that he was the child of Lucrezia and Perotto. The child (identified in later life as Lucrezia's half-brother)
1581-491: The other hand, is viewed as returning the property after a consummated sale. The Pope may dispense from a marriage ratum sed non consummatum since, having been ratified ( ratum ) but not consummated ( sed non-consummatum ), it is not absolutely unbreakable. A valid natural marriage is not regarded as a sacrament if at least one of the parties is not baptized . In certain circumstances it can be dissolved in cases of Pauline privilege and Petrine privilege , but only for
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1632-429: The parties to the marriage, and a voidable marriage thus cannot be annulled after the death of one of the parties. A marriage may be voidable for a variety of reasons, depending on jurisdiction. Common reasons for allowing a party to void a marriage include entry into the marriage as a result of threat or coercion. Some jurisdictions have a distinction between legal age of majority and legal age of marriage; in this case, it
1683-591: The primary source for knowledge, her education came from within the sphere of intellectuals in the court and close relatives, and it included a solid grounding in the Humanities , which the Catholic Church was reviving at the time. She was a thoroughly accomplished princess, fluent in Spanish, Catalan , Italian, and French, which prepared her for advantageous marriage to any European monarch or prince, and literate in both Latin and Greek . She would also become proficient in
1734-429: The relationship was a putative marriage , which gives rise to "natural obligations". In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate, and illegitimate children are legitimized by a putative marriage of their parents, as by a valid marriage. Certain conditions are necessary for the marriage contract to be valid in canon law. Lack of any of these conditions makes
1785-546: The retroactive dispensation from a diriment impediment). Some impediments may be dispensed from, while those de jure divino (of divine law) may not be dispensed. In some countries, such as Italy , in which Catholic Church marriages are automatically transcribed to the civil records, a Church declaration of nullity may be granted the exequatur and treated as the equivalent of a civil divorce. Annulments are granted by certain Independent Catholic denominations, such as
1836-432: The sake of the higher good of the spiritual welfare of one of the parties. The Church holds the exchange of consent between the spouses to be the indispensable element that "makes the marriage". The consent consists in a "human act by which the partners mutually give themselves to each other": "I take you to be my wife" – "I take you to be my husband." This consent that binds the spouses to each other finds its fulfillment in
1887-498: The sight of God. A minute before they say their vows, either can call off the wedding. After they say it, the couple must go through a divorce or annulment to undo the marriage. Faskh means "to annul" in Islam . It is a Sharia -granted procedure to judicially rescind a marriage. A man does not need grounds to divorce his wife in Islam. To divorce, he can simply invoke Talaq and part with
1938-523: The situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed. In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. – Catechism of the Catholic Church , 1626–1629 Although an annulment is thus a declaration that "the marriage never existed", the Church recognizes that
1989-532: The son of Pope Alexander VI. Lucrezia's name is not mentioned in either, and rumours that she was his mother have never been proven. The second bull was kept secret for many years, and Giovanni was assumed to be Cesare's son. This is supported by the fact that in 1502 he became Duke of Camerino , one of Cesare's recent conquests, hence the natural inheritance of the Duke of Romagna 's oldest son. Giovanni went to stay with Lucrezia in Ferrara after Alexander's death, where he
2040-403: The two "becoming one flesh". If consent is lacking there is no marriage. The consent must be an act of the will of each of the contracting parties, free of coercion or grave external fear. No human power can substitute for this consent. If this freedom is lacking the marriage is invalid. For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of
2091-519: Was Lord of Pesaro and titled Count of Catignola. Giovanni was an illegitimate son of Costanzo I Sforza and therefore a Sforza of the second rank. He married Lucrezia on 12 June 1493 in Rome. Before long, the Borgia family no longer needed the Sforzas, and the presence of Giovanni Sforza in the papal court was superfluous. The Pope needed new, more advantageous political alliances, so he might have covertly ordered
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2142-510: Was accepted as her half-brother. Following her annulment from Sforza, Lucrezia was married to the Neapolitan Alfonso of Aragon , the half-brother of Sancha of Aragon who was the wife of Lucrezia's brother Gioffre Borgia . The marriage was a short one. They were married in 1498, making Lucrezia the Duchess consort of Bisceglie and Princess consort of Salerno. Lucrezia – not her husband –
2193-476: Was an illegitimate son of the King of Naples and tradition has it that Lucrezia's brother Cesare Borgia may have had him murdered after his political value waned. Rumors about her and her family cast Lucrezia as a femme fatale , a role in which she has been portrayed in many artworks, novels and films. Lucrezia Borgia was born on 18 April 1480 at Subiaco , near Rome . Her mother was Vannozza dei Cattanei , one of
2244-409: Was annulled less than two months later in favor of a new contract engaging Lucrezia to Don Gaspare Aversa, Count of Procida (1476-1534). When Rodrigo became Pope Alexander VI, he sought to be allied with powerful princely families and founding dynasties of Italy. He therefore called off Lucrezia's previous engagements and arranged for her to marry Giovanni Sforza , a member of the House of Sforza who
2295-492: Was appointed governor of Spoleto in 1499; Alfonso fled Rome shortly afterwards but returned at Lucrezia's request, only to be murdered in 1500. It was widely rumoured that Lucrezia's brother Cesare was responsible for Alfonso's death, as he had recently allied himself (through marriage) with France against Naples. Lucrezia and Alfonso had one child, Rodrigo of Aragon , who was born in 1499 and predeceased his mother in August 1512 at
2346-433: Was denied by other sources. A child was born, however, in the Borgia household the year before Lucrezia's marriage to Alfonso of Aragon . He was named Giovanni but is known to historians as the " Infans Romanus ". In 1501, two papal bulls were issued concerning the child, Giovanni Borgia. In the first, he was recognized as Cesare's child from an affair before his marriage. The second, contradictory, bull recognized him as
2397-399: Was faithful: beginning in 1503, Lucrezia enjoyed a long relationship with her brother-in-law, Francesco II Gonzaga, Marquess of Mantua . Francesco's wife was the cultured intellectual Isabella d'Este , the sister of Alfonso, to whom Lucrezia had made overtures of friendship to no avail. The affair between Francesco and Lucrezia was passionate, more sexual than sentimental as can be attested in
2448-468: Was most likely the result of a liaison between Rodrigo Borgia (Pope Alexander VI, Lucrezia's father) and an unknown mistress and was not Lucrezia's child. Maria Bellonci and maybe other biographers claim that Lucrezia gave birth to three children who did not survive infancy, one by Alfonso of Aragon and two by Alfonso d'Este. She is also thought to have had at least four miscarriages. Italian nobility Too Many Requests If you report this error to
2499-553: Was rumoured that Lucrezia was in possession of a hollow ring that she used to poison drinks. However, no historical basis for these accusations exists beyond the attacks of her enemies. An early 20th-century painting by Frank Cadogan Cowper that hangs in the Tate Britain art gallery in London portrays Lucrezia taking the place of her father, Pope Alexander VI, at an official Vatican meeting. This apparently documents an event, although
2550-422: Was sickly and – fearing she would die unbaptised – Alfonso ordered her to be baptized immediately, with Eleonora Pico della Mirandola and Count Alexandro Serafino as godparents. Lucrezia had become very weak during the pregnancy and fell seriously ill after the birth. After seeming to recover for two days, she worsened again and died on 24 June the same year. She was buried in the convent of Corpus Domini . She
2601-540: Was thus invalid. Giovanni was offered her dowry in return for his cooperation. The Sforza family threatened to withdraw their protection should he refuse. Giovanni finally signed confessions of impotence and documents of annulment before witnesses. There has been speculation that during the prolonged process of the annulment, Lucrezia consummated a relationship with someone, perhaps Alexander's chamberlain Pedro Calderon, also named Perotto. In any case, families hostile to
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