The Effect of Gender Reassignment and Recognition upon Existing Marriages and Civil Partnerships

In recent weeks, the news has been reporting upon the proposed changes to the laws in Scotland regarding Gender Recognition under the Gender Recognition Reform (Scotland) Bill.

Whilst the proposed changes to the laws in Scotland would not alter those governing England and Wales, it seems topical to consider Gender Reassignment and Recognition in the context of marriages and civil partnerships, and the importance of understanding the legal implications surrounding such transitions and how they can affect the status of the relationships they concern.

Under Section 1 of the Gender Recognition Act 2004, a person 18 years of age or older may apply for a Gender Recognition Certificate to legally recognise the gender they identify as.

If the Applicant is married or in a Civil Partnership, the issue of an Interim Gender Recognition Certificate could give rise to a potential ground for a decree/order of “nullity”. An Annulment effected ends the marriage or civil partnership and is granted when it can be shown that a marriage or civil partnership is either:

  • Not legally valid (known as “void”) – for example where one party to the marriage was already legally married or was under the age of 16.

or

  • Was legally valid, but meets one of the criteria that makes it “voidable”.  For instance, one of the parties did not or could not validly consent to the marriage, or the marriage was not consummated by way of sexual intercourse.  A “voidable” marriage also includes scenarios in which one spouse or civil partner is in the process of transitioning to a different gender.

In light of this, a person who is married or in a Civil Partnership must include within their application for a Gender Recognition Certificate:

  • A Statutory Declaration by the spouse or civil partner that they consent to the marriage or civil partnership continuing after the issue of the Full Gender Recognition Certification,

or

  • A Statutory Declaration by the Applicant that their spouse or civil partner has not made the relevant Statutory Declaration of consent, if that is the case.

Whilst the issue of a Gender Recognition Certificate has potential implications upon the status of marriage and civil partnerships, this does not affect the status of the person as the father or mother of a child.

For further information regarding any of these areas, don’t hesitate to get in touch. You can reach Jasmine at jasminewright@aldersonlaw.co.uk, or call our Morpeth branch on 01670 519714.

Mary was born and has lived all her life in the North East of England. Her first interest was science and she originally studied Biomedical Science at Northumbria and worked in the scientific research field and the NHS, before studying part time, again at Northumbria University, to obtain her degree in Law. Since then she has enjoyed a varied career covering many different areas of law, before specialising in Children Law, which she has done almost exclusively for the past 5 years.

Mary loves reading and history and at a weekend can often be found at one of the many historical sites the North East has to offer and has even been known to play video games when she can find the time.

Chris was originally a Fellow of the Institute of Legal Executives from 1997 and qualified as a Solicitor in 2001.

He has over 25 years experience in private client work comprising Wills, Trusts, Probate, Powers of Attorney and other Court of Protection Work such as Deputyship applications. Chris has been a Partner in several firms in the North East, being Head of Wills, Trusts and Probate.

He brings a wealth of experience to his role and works closely with clients, providing them with a service tailored to their needs

Susan was born and bred in the North East, spending all of her working life in Blyth. She qualified in 1981 and, after some years at Alderson Law, began to specialise in family law, covering both private and legal aid. Susan was a member of the Law Society Family Panel and an accredited Resolution specialist, specialising particularly in private children law and domestic violence.

Susan took part-retirement in December 2018 but still works as a Solicitor here at Alderson Law. Outside of work she enjoys cooking, walking, reading, and spending time with her family. She has also been a Brownie leader for over 40 years.

Originally from East Yorkshire, Jasmine moved to the North East in 2012 to study at Northumbria University undertaking the M Law Exempting (BPTC) course (the only undergraduate course in England and Wales which incorporates the Bar Professional Training Course), graduating in 2016 with a First Class Honours and a Very Competent in the Bar Professional Training Course. Prior to joining Alderson Law Jasmine specialised in RTA Fraud in a Personal Injury firm, before moving to another firm to work as a Family Law Paralegal.

In 2018 she joined our team as a Family Law Paralegal and before qualifying as a Solicitor within the Family Law Department based at our Morpeth office. Jasmine represents clients in a wide range of matters including; divorce and matrimonial finance, disputes regarding the arrangements for children as well as parents who are subject to Local Authority involvement both before and during Court proceedings.

In her spare time Jasmine likes visiting the beach, going to the gym, watching live music and looking after her pet rabbit.

Julie is a highly experienced property solicitor. She studied Law at Northumbria University and, after qualifying in 2000, went on to work at national and international firms prior to joining the team at Alderson Law in 2017. She works alongside her clients, advising on residential and commercial property development, property investment, portfolio management, property finance, landlord and tenant, easements and restrictive covenants.

Fiona is a specialist private client lawyer providing advice and assistance with wills, trusts, tax planning, probate & estate administration, lasting powers of attorney, court of protection and elderly client work. Having previously worked with a number of Newcastle-based firms listed in The Legal 500, Fiona brings a wealth of experience and expertise to the role. She is a full member of STEP (Society of Trust and Estate Practitioners), the association for specialists in family inheritance and succession planning.

Fiona grew up in Northern Ireland and studied law at Durham University, and has remained in the North East ever since. She enjoys spending time with her family at their cottage in Northumberland.

Mark Hipkin, partner at Alderson Law LLP, has been advising businesses and claimants since he qualified as a solicitor in 1982.

Mark’s passion is for representing claimants on two wheels in complex, serious and catastrophic motorcycle, scooter and cycle injuries, but he also has extensive experience of acting for claimants in many other personal injury areas including occupiers and public liability work and accidents at work. He specialises in challenging and complex cases. Mark always puts the client first, looking from the first day of instruction to obtain the best and fairest outcome for a claimant, no matter how long a case may take. He is a fan of Alternative Dispute Resolution (ADR) and early neutral valuation as alternatives to litigation. Sometimes, however, litigation is the best option, together with the necessary drive to see every matter through to a fair conclusion.

Mark also, having started his own business, advises business clients, often with motorcycle-, scooter- or cycle-related businesses and also deals with complex commercial disputes, professional negligence cases, and general civil litigation.

Mark likes to spend what free time he has with his family and practising Tai Chi and Tang Soo Do (Korean Karate – in which he is a second Dan).

Having worked in family law for over 25 years, Julie is a highly accomplished specialist in her field. She has a vast body of experience in dealing with family law, from divorce and related financial issues to complex child-related cases. Julie was the first person in North Tyneside to achieve the status of an accredited advanced family law specialist, and is a member of the Law Society Advanced Family Panel, which demonstrates her experience in complex contested family cases and other subject-specific matters.

Though multi-talented and highly experienced, Julie’s particular speciality is in complex ancillary relief (financial settlement) claims and complex residence and contact disputes.

In her spare time Julie enjoys relaxing and spending time with her family and three grandchildren. She attends clients at our Whitley Bay and Blyth offices.

Tracey is one of our Partners and qualified as a solicitor in 1997. Throughout her career she has had a varied caseload undertaking matters in most areas of civil and private client law. Tracey can assist clients in a wide range of matters including: Wills, Probate, Powers of Attorney, Debt Recovery, Residential and Commercial Conveyancing as well as Licensing and Landlord and Tenant matters.

Tracey is one of our most senior practitioners with over 20 years of local experience, having graduated from both Newcastle University and Northumbria University. When not in the office she enjoys walking, cycling, and cooking with her family.