Key Facts
- •AP, a transgender man, sought a decree of nullity for his 2009 marriage to JP, which was found void in 2019 due to both parties being legally female at the time.
- •The 2019 ruling established the marriage was void ab initio, but AP sought a decree of nullity for various reasons, including clarity for future marriage and potential financial implications.
- •AP subsequently obtained a Gender Recognition Certificate in 2022 and lawfully married JP in 2024.
- •The Secretary of State for Justice opposed the application, arguing AP wasn't a 'victim' under the Human Rights Act 1998 and a decree wasn't necessary.
- •The case centered on whether the lack of a decree of nullity violated AP's rights under the European Convention on Human Rights (ECHR).
Legal Principles
Interpretation of Legislation: Primary legislation must be read compatibly with Convention rights (HRA 1998, s.3).
Human Rights Act 1998
Declaration of Incompatibility: If legislation is incompatible with Convention rights, a declaration of incompatibility may be issued (HRA 1998, s.4).
Human Rights Act 1998
Victim Status: To claim under HRA 1998, an individual must be a victim of an unlawful act (HRA 1998, s.7). This includes direct victims, potential victims, and indirect victims, but not actio popularis.
Human Rights Act 1998
Article 8 ECHR: Right to respect for private and family life. Interference must be in accordance with the law and necessary in a democratic society.
European Convention on Human Rights
Article 12 ECHR: Right to marry. This right concerns the formation of marriage, not its dissolution.
European Convention on Human Rights
Article 14 ECHR: Prohibition of discrimination. Differences in treatment must have objective and reasonable justification.
European Convention on Human Rights
Article 1 of Protocol 1 ECHR: Protection of property. 'Possession' includes legitimate expectations, but must be a currently enforceable claim.
European Convention on Human Rights
Void Marriage: A void marriage is considered never to have existed. A decree of nullity is declaratory, not altering the parties' status.
Case law (Akhter v Khan, De Reneville v De Reneville, Kassim v Kassim)
Outcomes
AP's application for a decree of nullity was dismissed.
AP failed to demonstrate he was a 'victim' under the HRA 1998, and the court found no breach of his ECHR rights. The court relied heavily on the precedent set by Akhter v Khan.