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P (Transgender Applicant for Declaration of Valid Marriage) [2019] EWHC 3105 (Fam)

Nov 28, 2019, 15:42 PM
Marriage – Transgender applicant – Application for declaration of valid marriage
The Family Division held that it did not have the power to make the declaration sought as at the date of the marriage the applicant had not obtained a gender recognition certificate, in the absence of which, under domestic law, her legal sex was and always had been 'female'.
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(Family Division, Cobb J, 20 November 2019)

Marriage – Transgender applicant – Application for declaration of valid marriage

The Family Division held that it did not have the power to make the declaration sought as at the date of the marriage the applicant had not obtained a gender recognition certificate, in the absence of which, under domestic law, her legal sex was and always had been 'female'.


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Neutral Citation Number: [2019] EWHC 3105 (Fam)

Case No: NE19D00168

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION

Newcastle Combined Court
Quayside
Newcastle Upon Tyne

Date: 20/11/2019

Before:

THE HONOURABLE MR JUSTICE COBB

- - - - - - - - - - - - - - - - - - - - -

Between:

AP
Applicant

- and -

JP
Respondent

- - - - - - - - - - - - - - - - - - - - -

P v P (Transgender Applicant for Declaration of Valid Marriage)

- - - - - - - - - - - - - - - - - - - - -

The Applicant and the Respondent were present in person, but unrepresented
Ms Sarah Hannett (instructed by Mr David Edmonds, Senior Lawyer, Attorney General & General Private Law Team) provided advice in writing as Advocate to the Court

Hearing dates: 12 November 2019

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

.............................

THE HONOURABLE MR JUSTICE COBB

This judgment was delivered in public. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the parties must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

 

Judgment: P v P (Transgender Applicant for Declaration of Valid Marriage) [2019] EWHC 3105 (Fam)

 

 

 

 

 

 

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  • Judgments
  • Marriage and Divorce
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