Man denied marriage annulment after realising his wife was biologically male - after 18 years

The man, identity not disclosed, told the Court of Livorno, Tuscany Region, that his spouse never revealed being born male.

He then filed for an annulment instead of divorce like he originally planned to, but court judges denied his request, stating that his ignorance of his spouse's sex at birth was not sufficient grounds for it.

They said it "cannot be classified as either an error regarding the identity of the person or an essential error regarding the personal qualities of the other spouse," local media reported on Thursday.

The couple had reportedly been together from 2003 to 2021, and had initiated an adoption process since the wife could not have children. The man said he chose not to question his wife's infertility, but alleged that she attributed it to a hysterectomy, a surgery to remove the uterus, due to an illness.

When the adoption process failed, they decided to divorce. It was only during the proceedings that the man discovered his wife had been born male. In court, however, the wife maintained that her husband had been fully informed about her gender history both before they began their relationship and prior to getting married.

The man claimed that had he known beforehand, he would not have consented to the marriage. He then requested for an annulment.

But now he has been told by judges that he will have to simply get divorced instead after they explained that "even though he could have investigated further, preferred not to know the reason why she could not have children". The couple will now face standard divorce proceedings.