(1)This section applies in relation to a protected marriage if (by virtue of section 4(2)(b) or 4A) a full gender recognition certificate is issued to a party to the marriage.
(2)The continuity of the protected marriage is not affected by the relevant change in gender.
(3)If the protected marriage is a foreign marriage—
(a)the continuity of the marriage continues by virtue of subsection (2) notwithstanding any impediment under the proper law of the marriage;
(b)the proper law of the marriage is not affected by its continuation by virtue of subsection (2).
(4)In this section—
“foreign marriage” means a marriage under the law of a country or territory outside the United Kingdom;
“impediment” means anything which affects the continuation of a marriage merely by virtue of the relevant change in gender;
“proper law”, in relation to a protected marriage, means the law of the country or territory under which the marriage was entered into;
“relevant change in gender” means the change or changes of gender occurring by virtue of the issue of the full gender recognition certificate or certificates. ]
Textual Amendments
F1S. 11A inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 10; S.I. 2014/3169, art. 2