26-09-2011, 09:49 AM
Can a sex change end your marriage?
May 3 2008 at 4:57 PM Donna (no login)
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If you are married and have a sex change, does it mean that you are no longer legally married?
Author Reply
Boob-Dreamer
(Login Boob-Dreamer)
SENIOR MEMBER Can a sex change end your marriage? May 3 2008, 7:41 PM
I guess that this all depends on which country you are in as the laws will differ considerably. I think you need to be more specific in your question as well.
Having a sex change is generally taken to mean SRS which physically aligns your body from M-F or F-M. This does not legally change your sex or Gender marker. This is a separate legal step.
There was an article in the papers here in the UK the other day which mirrored this situation. The lady in question had undergone surgery and then had to divorce her wife in order to be eligible to obtain the legal status of a woman. She then had to undertake a civil partnership in order to re-marry her now ex-wife.
In simple terms, in the UK there is no provision in the law for “legally” transgendered people to remain married to a same sex partner. Provision was originally discussed but not carried forward into law. However same sex partners can subsequently enter into a civil partnership as the equivalent of marriage.
Good luck - Dreamer
Les
(no login) Re: Can a sex change end your marriage? May 5 2008, 7:43 AM
Yes that's a very good answer. I can add one thing that the relevant law in the UK is the Gender Recognition Act 2004 (as Boob Dreamer says marriages where one had a sex change are not permitted to continue).
May 3 2008 at 4:57 PM Donna (no login)
--------------------------------------------------------------------------------
If you are married and have a sex change, does it mean that you are no longer legally married?
Author Reply
Boob-Dreamer
(Login Boob-Dreamer)
SENIOR MEMBER Can a sex change end your marriage? May 3 2008, 7:41 PM
I guess that this all depends on which country you are in as the laws will differ considerably. I think you need to be more specific in your question as well.
Having a sex change is generally taken to mean SRS which physically aligns your body from M-F or F-M. This does not legally change your sex or Gender marker. This is a separate legal step.
There was an article in the papers here in the UK the other day which mirrored this situation. The lady in question had undergone surgery and then had to divorce her wife in order to be eligible to obtain the legal status of a woman. She then had to undertake a civil partnership in order to re-marry her now ex-wife.
In simple terms, in the UK there is no provision in the law for “legally” transgendered people to remain married to a same sex partner. Provision was originally discussed but not carried forward into law. However same sex partners can subsequently enter into a civil partnership as the equivalent of marriage.
Good luck - Dreamer
Les
(no login) Re: Can a sex change end your marriage? May 5 2008, 7:43 AM
Yes that's a very good answer. I can add one thing that the relevant law in the UK is the Gender Recognition Act 2004 (as Boob Dreamer says marriages where one had a sex change are not permitted to continue).