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The Marriage (Same-Sex Couples) Act, 2013
Until the introduction of the Marriage (same-sex couples) Act, the only marriage available was between a ‘man’ and a ‘woman’. Many trans people were, and are still, in such long-term marriages.
Prior to the introduction of this new Act, a married trans person, wishing to obtain a GRC, would either have to divorce, or to annul the marriage using an Interim GRC. A civil partnership could then be formed if the couple wished to stay together. However, under the Marriage (same-sex couples) Act, a marriage that pre-dated the new Act, in which one person wishes to obtain a GRC, can now be converted to a same-sex marriage, with the consent of the spouse; a civil partnership remains an option in these circumstances.
Since the introduction of the 2013 Act, there are same-sex couples opting for this form of marriage, rather than a civil partnership. If one partner in the ‘same-sex marriage’ wishes to obtain a GRC, the same-sex marriage will have to be converted to ’marriage’ with the consent of the spouse.
Pre-existing civil partnerships, where one partner transitions and is seeking to obtain a GRC, the couple must convert to marriage, with the consent of the non-trans partner.
Present Legal Situation
From December 2014 it will be possible for trans people who are married or in a civil partnership to obtain gender recognition without having to divorce or to dissolve their civil partnership. Trans people who are married will be able to apply to the gender recognition panel using a new application process which will reflect the fact that some applicants will wish their marriage to continue on after gender recognition. Those in civil partnerships will be able to convert their civil partnership to a marriage before applying for gender recognition and then use the same process as other married applicants. Although you can apply under the new rules from the 16th, in practice it is likely that the first decisions on such applications will not be made by the panel until around spring 2015.
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