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Marriage (Same Sex Couples) Act 2013

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This is the original version (as it was originally enacted).

Change in gender of party to marriage

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10After section 11 insert—

11AChange in gender of party to marriage

(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..

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