Q&As

If a husband and wife have been married for over 20 years and the husband then has gender reassignment surgery and is now recognised as a woman, is the marriage voidable?

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Published on LexisPSL on 15/03/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • If a husband and wife have been married for over 20 years and the husband then has gender reassignment surgery and is now recognised as a woman, is the marriage voidable?

If a husband and wife have been married for over 20 years and the husband then has gender reassignment surgery and is now recognised as a woman, is the marriage voidable?

If the new gender of a party has been recognised by the issue of a gender recognition certificate (GRC) by the Gender Recognition Panel, and:

  1. the applicant is married

  2. is a party to a protected marriage (defined by section 25 of the Gender Recognition Act 2004 (GRA 2004) as, inter alia, a marriage under the law of England and Wales),

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