P (Transgender Applicant for Declaration of Valid Marriage)

P (Transgender Applicant for Declaration of Valid Marriage)

In the absence of a Gender Recognition Certificate, AP is legally female; the marriage with JP was contracted between two legal women and was void at inception under section 11(c) of the Matrimonial Causes Act 1973. The Marriage (Same Sex Couples) Act 2013 does not operate retrospectively to validate such marriages. Neither ECHR nor EU law requires recognition of the marriage. The court cannot grant the declaration sought.

Parties
Applicant: AP; Respondent: JP; Advocate to the Court: Ms Sarah Hannett
Jurisdiction
England and Wales
Judgment Date
20 November 2019
Procedural Posture
Application for Declaration of Valid Marriage / Judgment
Outcome
Application for declaration of valid marriage refused.
Legal Topics
Validity of Marriage, Transgender Rights, Gender Recognition Certificate, Retrospective Effect of Legislation, European Convention on Human Rights, Nullity of Marriage
Family Law Human Rights Law Gender Recognition Validity of Marriage Transgender Rights Gender Recognition Certificate Retrospective Effect of Legislation European Convention on Human Rights +1 more

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Parties

AP

Applicant

JP

Respondent

Ms Sarah Hannett

Advocate to the Court

Procedural Posture

Application for Declaration of Valid Marriage / Judgment

Legal Issues

  1. 1 Whether a marriage between AP and JP, contracted when AP was legally female, is valid under UK law
  2. 2 Whether the absence of a Gender Recognition Certificate affects the legal status of the marriage
  3. 3 Whether the Marriage (Same Sex Couples) Act 2013 has retrospective effect on marriages contracted before its commencement

Ratio Decidendi

In the absence of a Gender Recognition Certificate, AP is legally female; the marriage with JP was contracted between two legal women and was void at inception under section 11(c) of the Matrimonial Causes Act 1973. The Marriage (Same Sex Couples) Act 2013 does not operate retrospectively to validate such marriages. Neither ECHR nor EU law requires recognition of the marriage. The court cannot grant the declaration sought.

Court Disposition

Application for declaration of valid marriage refused.

Orders

  • Declaration of valid marriage not granted.
  • AP and JP may apply for a decree of nullity.