Consequences of issue of gender recognition certificate etc.

11AF1Change 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.