×

Court hands down judgment in P v P (Transgender Applicant for Decree of Nullity: Human Rights) [2024] EWHC 1197 (Fam)

Published:

Photo by Mahosadha Ong on Unsplash

The Family Division of the High Court has handed down judgment in P v P (Transgender Applicant for Decree of Nullity: Human Rights) [2024] EWHC 1197 (Fam). Cobb J rejected the Applicant’s application for a declaration of incompatibility concerning the lack of provision in the Matrimonial Causes Act 1973 (MCA 1973) for a decree of nullity where a marriage was entered into by two partners of the same sex prior to the coming into force of the Marriage (Same Sex Couples) Act 2013 (MSSCA 2013).

AP, a trans man, and his wife had married in 2009 before AP had acquired a gender recognition certificate and before the coming into force of the MSSCA 2013. In an earlier judgment, P v P (Transgender Applicant for Declaration of Valid Marriage) [2019] EWHC 3105 (Fam), Cobb J held the marriage to be void. AP had since acquired a gender recognition certificate, and the parties had married lawfully. AP and JP sought a decree of nullity.

Cobb J held: (i) that there was no power in the MCA 1973 to grant a decree of nullity, (ii) that AP was not a victim of a breach of Convention rights for the purposes of section 7 of the Human Rights Act 1998, and (iii) the non-availability of a decree of nullity did not breach AP’s rights under Articles 8, 12, 14 or Article 1 of Protocol 1.

Sarah Hannett KC acted as Advocate to the Court, as she did in the 2019 case.

Useful Link(s)