Gender Change and Divorce

Gender is defined by the Cambridge Dictionary as “a group of people in a society who share particular qualities or ways of behaving which that society associates with being male, female, or another identity”.  The UK legal system acknowledges every person as either male, or female determined by what is recorded on your birth certificate. 

What does this mean if you are married and now wish to change genders? The answer is, it depends.

Informally changing your gender v legally changing your gender

You may wish to be known by a different name thus severing ties with your former identity and the informal route to introduce yourself is to change your name by deed or deed poll to your new name. This will allow you to update your personal details such as your driving license, passport, employment records and bank account. 

If, however, you wish to be legally recognised as your chosen gender the process is a little more complex.  You will have to apply for a Gender Recognition Certificate (“GRC”) and involves a large amount of evidence in the support of your application. On completion of a successful application, you will be legally recognised as your new gender. You will be able to:

•  Update your birth certificate if registered in the UK
• Get married or form a civil partnership in your legally recognised gender
• Have your recognised gender on your death certificate when you die. 

If you are married, your spouse must consent to the marriage continuing as a single sex marriage after you receive the GRC and complete a Statutory Declaration confirming the same. The marriage would then continue as a same sex marriage once the GRC is granted. A Civil Partnership however must be converted into a marriage once the GRC is granted.

If your spouse does not consent to signing the Statutory Declaration, then the marriage must be brought to a legal end before applying for a full GRC. The process will be the same as the normal divorce process. 

If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Solicitor in our Family Law Department on 01295 204154, or by email at ishah@se-solicitors.co.uk