P v P (Transgender Applicant for Decree of Nullity: Human Rights)

P v P (Transgender Applicant for Decree of Nullity: Human Rights)

The applicant is not a victim under section 7 HRA 1998 as he has lawfully remarried and suffered no breach or risk of breach of ECHR rights. The inability to obtain a decree of nullity does not breach Articles 8, 12, 14, or Protocol 1 Article 1 of the ECHR. Section 11 Matrimonial Causes Act 1973 cannot be read down or interpreted to allow the decree sought, nor is a declaration of incompatibility appropriate. The application is dismissed.

Parties
Applicant: AP; 1st Respondent: JP; 2nd Respondent: Secretary of State for Justice; Advocate to the Court: HM Attorney General (Advocate to the Court)
Jurisdiction
England and Wales
Judgment Date
21 May 2024
Procedural Posture
Family Law Nullity of Marriage (transgender Applicant) / Final Judgment on Application for Decree of Nullity and Human Rights Compatibility
Outcome
Application dismissed
Legal Topics
Nullity of Marriage, Transgender Rights, Interpretation of Statutes, European Convention on Human Rights, Discrimination, Reporting Restrictions
Family Law Human Rights Law Constitutional Law Nullity of Marriage Transgender Rights Interpretation of Statutes European Convention on Human Rights Discrimination +1 more

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Parties

AP

Applicant

JP

1st Respondent

Secretary of State for Justice

2nd Respondent

HM Attorney General (Advocate to the Court)

Advocate to the Court

Procedural Posture

Family Law Nullity of Marriage (transgender Applicant) / Final Judgment on Application for Decree of Nullity and Human Rights Compatibility

Legal Issues

  1. 1 Whether the applicant is entitled to a decree of nullity under section 11 Matrimonial Causes Act 1973 after the repeal of section 11(c)
  2. 2 Whether the inability to obtain a decree of nullity breaches Articles 8, 12, 14, or Protocol 1 Article 1 of the ECHR
  3. 3 Whether section 11 Matrimonial Causes Act 1973 can be read compatibly with the ECHR under section 3 Human Rights Act 1998

Ratio Decidendi

The applicant is not a victim under section 7 HRA 1998 as he has lawfully remarried and suffered no breach or risk of breach of ECHR rights. The inability to obtain a decree of nullity does not breach Articles 8, 12, 14, or Protocol 1 Article 1 of the ECHR. Section 11 Matrimonial Causes Act 1973 cannot be read down or interpreted to allow the decree sought, nor is a declaration of incompatibility appropriate. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for decree of nullity dismissed
  • Reporting Restriction Order continued to protect anonymity of parties