Gender Recognition Act 2004

Part 1 England and Wales

1 The Matrimonial Causes Act 1973 (c. 18) is amended as follows.

2 In section 12 (grounds on which a marriage celebrated after 31st July 1971 is voidable), after paragraph (f) insert—

“(g) that an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage;”.

3 In section 13 (bars to relief), after subsection (2) insert—

“(2A) Without prejudice to subsection (1) above, the court shall not grant a decree of nullity by virtue of section 12 above on the ground mentioned in paragraph (g) of that section unless it is satisfied that proceedings were instituted within the period of six months from the date of issue of the interim gender recognition certificate.”

4 (1) Paragraph 11 of Schedule 1 (grounds on which a marriage celebrated before 1st August 1971 is voidable) is amended as follows.

(2) In sub-paragraph (1), after paragraph (d) insert “or

(e) that an interim gender recognition certificate under the Gender Recognition Act 2004 has been issued to either party to the marriage;”.

(3) After sub-paragraph (3) insert—

“(3A) The court shall not grant a decree of nullity in a case falling within sub-paragraph (1)(e) above unless it is satisfied that proceedings were instituted within six months from the date of issue of the interim gender recognition certificate.”