No. Annulment and declaration of nullity of marriage are not dependent on the other spouse’s consent. The court decides based on the evidence presented, not on whether both parties agree. Even if your spouse refuses to cooperate or actively opposes the petition, the case can proceed and be granted if the legal grounds are proven.

This is a common misconception. Some spouses believe they can demand payment in exchange for “agreeing” to the annulment. In truth, no such agreement is needed. What matters is whether a valid ground exists under the Family Code and whether you can prove it through credible evidence and testimony.

Legal Grounds

The court looks for specific grounds enumerated in the Family Code, such as lack of parental consent (for those aged 18-21), psychological incapacity (Article 36), fraud, duress, or impotence.

Evidence and Testimony

You must present witnesses and documentary evidence to support your claim. For psychological incapacity, expert psychological or psychiatric evaluation is typically required.

No “Consent” Element

Unlike adultery or concubinage cases where the other spouse’s consent can affect criminal liability, annulment is a purely civil proceeding. Your spouse’s position is irrelevant to the merits.

If your spouse asks for money in exchange for not opposing the annulment or for “agreeing” to the case, you should not pay. Their cooperation is not required. If they attempt to extort money from you under these circumstances, you may have legal remedies, including filing a criminal complaint for grave threats or estafa, depending on the circumstances.

Focus your energy and resources on preparing the case properly — gathering evidence, securing expert witnesses, and working with your lawyer — rather than negotiating with a spouse who misunderstands the process.