Forum » Gender Society Public Forums » UK Transgender Law » Changing your name legally in the UK

Changing your name legally in the UK

  • Under English law as I said 5 years, 

    To file for divorce using 5 years separation you must have an address for your spouse, as even though you've been separated for over 5 years, your ex-partner still must have an opportunity to see the divorce petition. If you don't have an address, you can ask the court to help you find one. (as I said a warrant would be issued for the release of information from government agencies)

    It’s important to stress that even without the consent or agreement from your spouse, the divorce can be granted when based on 5 years separation.



     

      1. Apply for a court order against a government department to give up the address of your spouse if they are believed to be in the UK.

     

     

     

      1. Apply to dispense with service if your spouse lives abroad. You still must show that you’ve tried to locate your spouse in this situation.

     

      1. If you know the address of a close relative or work colleague, you can ask the court for the divorce papers to be served via someone else.

     


    A divorce of this nature is often referred to as a missing spouse divorce,

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at April 27, 2019 1:38 PM BST
      April 27, 2019 1:13 PM BST
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  •  

    **Five years’ separation without consent.   (if the wife/spouse becomes embittered)  if she withdraws her own petition**

    As far as I am aware, you can apply for a divorce or annulment once you have been separated for 5 years,

    So logically one day after the five years of separation you can make the application, you do not then have to wait five years after the application,   Think it's just a matter of making a statement of truth/affidavit, check with a legal aid centre, not sure if she has to be notified before its made final,    Should be a quick process. 

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at April 18, 2019 1:07 PM BST
      April 18, 2019 1:05 PM BST
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  • https://gendersociety.com/forums/topic/10112/divorcing-and-the-unreasonable-transexual

    Divorce in England & Wales is based on a marriage having "broken down irretrievably ". But there is a complication. This breakdown must be proved by evidencing only one of five "facts" laid down by the law. They are Adultery, Unreasonable Behaviour, Desertion, Two years’ separation with consent and  

    **Five years’ separation without consent.   (if the wife/spouse becomes embittered)  if she withdraws her own petition**

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at April 18, 2019 9:52 AM BST
      April 18, 2019 9:49 AM BST
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  • Unfortunately when the same marriage act was introduced (not to be confused with civil partnerships)

    A spouses veto was introduced regarding divorce and the issue of a permanent GRC, there are lots of us fighting this, under sections of the EHRC, not that it is of any help to you those that wish to stay married can get a full GRC if both parties sign a mutual agreement form, that then skips the temporary certificate and when the amended birth certificate is issued it comes with an amended marriage certificate making it a same sex marriage.

    I am sure I have seen somewhere, after a prolonged separation one party can apply to the courts for an annulment, of course the courts can effect a trace to make service, via DWP or NHS registration.

    Cristine Jennifer Shye.  B/L.  B/Acc
      April 18, 2019 9:30 AM BST
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  • Thanks Christine for trying to give some advise

     

    Perhaps there maybe someone who knows more will come along. However from what I have researched You need to be able to trace her. As it stands right now. I know there is some talk about changes to the law regarding divorce But if you take the changes that they are suppose to be making to the said gender reconition act as a yard stick. It has been over four years so far and still no offical legislation. So I wont hold my breath. They will grant a Divorce if you have taken steps to trace your spouse after five years of seperation.  However these steps are costly. In fact very costly. Plus I would assume the information is a two way street. As in if I do go down the road of finding her by the medium of taking the relavent goverment departments to court to release her known address should it be needed. Which I would now assume to be much more difficult with the recent update to data protection. Then im guessing they would have to in some way reveal my current address. Either in the course of proceedings or, Which has happened before by accident to others. Almost to me also. But thats another story This was pre GDPR. For me that would be potentialy Life changing and not in a good way. Also as I said before. to add insult to injury she would i expect not agree. Therefore making it a nightmare.

     

     

    I have made a good life for myself. Im now very happy and released from the shackles of what I would say with malice. An abuser. I Have for my own purposes Completed my transition. I am completlty stelth. (The only people who I interact with now who knows my past is My Doctors. My partner and my partners mum.) My partner  I love very much and the feeling is mutual. On the whole I have contentment and I am happy in my world. Which in this life is more than I could have hoped for.

    I have to weigh it all up Emotionally and finacially and say. For the sake of getting a gender changed on a piece of paper is it worth it? As it stands I have changed everything that needs to be changed. I must admit I havent needed my Birth certificate to show as proof of anything in a long time. (No one takes it as an official form of ID anymore). Plus if you look close at it you will find it doesnt even belong to you. But thats another thread in itself. But its more the pricipal of the thing. If I had not entered into a marriage when i was younger and foolish then I would have no problem obtaining a GRC. Real life expreaince 4 Years. With proof. Council tax, Insurance, Household bills. Driving licence dating back 4 years with name change. Many forms of this type. A letter from Gender clinic dating back 3 years Confirming Gender dysphoria. From then  up to the present. So the actual part of affirming to a panel would not give me any concerns

    I have at least another 15 years before I have to worry to much about the pension. It is a private one btw. I do have the option of taking a chunk out of it beforehand. So still weighing it up.

    As far as state pension is concerned I do belive by the time it comes to pass both genders will recieve it at the same age. As they do keep moving the goal posts. Or there will not be anything worth talking about or I would no longer be of this world. So looking at the bigger picture. I would rather keep my current status quo.

     

    I would still like a route that would get me out of having to be concerned about it. As that would be the satisfactory solution for it to be not part of the things to worry about. But alias the way the law stands right now. Im going to be one who slips out of the net. Just a little fish in a big ocean

     

    If anyone has any input on my plight or indeed a solution I would be very interested. It would be recieved with great eutheism

    Boy or Girl? Who cares as long as im beautiful.
      April 18, 2019 9:11 AM BST
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  • As far as I am aware, if you claim single persons state pension she won't get anything, if you are not yet retired and due a private pension, defer drawing it, by reinvesting until after you are divorced.

    Cristine Jennifer Shye.  B/L.  B/Acc
      April 17, 2019 9:59 PM BST
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  • Hiya Rachel

    You can apply for your GRC, BUT it would not be a full one, a full one would be issued once you have divorced, a temp one does not entitle you to change your birth certificate or allow you claim pension at the earlier age.

     

    The fact you have been separated for 5 years, you should be able to get the marriage annulled by swearing an affidavit, I'm not an expert on divorce, so you might need to see someone who is, to tell you what procedures are in place, proof of separation etc

     

    Cristine Jennifer Shye.  B/L.  B/Acc
      April 17, 2019 9:50 PM BST
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  • I have a quick question regarding a GRC and obtaining one when you are still technically Married but have been seperated for over 5 years and have no idea  where your X partner is. Bit like me really.

     

    Can I still apply for a GRC?

     

    I was under the impression that the process would be fruitless as im sure when they did the reforms a few years back you had to basically get permission if you were in an lawful marriage. Seeing as I dont know where she is I cannot get divorced or they cannot get permission from her to go ahead for the same reason. Not even an interim one would be any good as I still need at the very least her contact details.  Im a little in limbo. I was hopeing that when they do get there fingers out they will change that part to. But I doubt they will because of the potential implications.

    Being honest I doubt she would even agree as I know shes after any of my pension she can get her hands on.  Plus at the same time she doesnt know where I am. I do not want her to know either. Can I just say it was an abusive relationship towald me. I started a new life basically when I began my transition journey. Which included moving to a new Country. Just to give you an idea how much I wanted it to work. Hense I made sure she didnt know where I was. But at the same time I dont know where she is. Being honest I dont care as long as its as far away from me as possible.

     

    Ive changed all my important documents.

    As a matter of principal I would have liked to change my Birth certificate for the sake of doing it  really to complete the circle so to speak. Also the obvious things a GRC cert would provide. In reality the human rights and equality act does a lot of favours. However a GRC does add to protections

     

    Any info recieved with thanks

    Boy or Girl? Who cares as long as im beautiful.
      April 17, 2019 9:40 PM BST
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  • The wording of the revision to the passport act are quite clear, 

     

    3.5 Passports

    The Passports Act 2008, section 11, offers an important avenue for recognition of the acquired gender of a transsexual person. For this purpose, a person who is transsexual may seek a passport in their new name and have their new sex entered therein. This does not confer any right or entitlement not connected with the purposes of the Passports Act. For instance, it would not alter the legal gender of the person for the purpose of marriage law.  

    So the intimation is, one would have to have a GRC to comply with the marriage act.,.  that's why they have made the exclusion ref the marriage act, so in essence you can change the gender on your passport, but you cannot use your passport as proof of gender to get married without the GRC.   As far as I am aware one does not have to produce a GRC to any authority.   This is why some government departments require an undertaking that the change of gender is to be permanent.   A letter of confirmation from your GP should suffice, and goes back to the clause in the GRA *under medical supervision*

     

     

     

    Again the Gender Recognition Act is not complete in its entirety and needs to refer to other acts of parliments and judicial precedents that have evolved since the last update of the Gender Recognition Act.

     

     

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at February 25, 2018 6:04 PM GMT
      February 24, 2018 8:46 PM GMT
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  • Any changes to the EHRC 2013 are not relevant to the requirements and definition to other UK Acts, such as the Passport act, Marriage Act, NH Act or DWP requirements unless those acts have also been ammended.     After makinhg all the required submissions one should be issued with a NEW NI  number by the DWP and NH registration number, all links to your previous identy must be ammended hence the new numbers.   So a letter from your doctor intimating that the change is permanent, if that is demanded that  is what you should do.   I changed my documents prior to the advent of the GRA, and for a number of years I had to travel abroad with the M marker on my passport, with an acompanying letter to substaniate why I presented as a female with a female name and a male gender marker.   Things have got a lot easier.

    Cristine Jennifer Shye.  B/L.  B/Acc
      July 16, 2017 7:40 PM BST
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  • I have dropped a linbe to my GP asking what he can do for me. Appointment with Clinic Exeter not likely till Feb next year.

      October 23, 2015 9:53 PM BST
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  • My gender clinic wrote me the letter free of charge, it was just a couple of lines, I'm sure your GP would do the same.

    If you already have a doctor's letter stating your intention to transition then that should do. Feel free to share it with us if you're not sure.

    If you don't already have a GRC I'm pretty sure the passort office are going to insist on this.

    xx

    <p><span style="font-family: 'book antiqua', palatino; font-size: medium; color: #000080;">"Stop aspiring to be other people and start being you."</span></p> <p>Gok Wan</p>
      October 23, 2015 8:59 PM BST
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  • Now the onformation on the Passport site differs from what you are telling me

     

    here are the relevant parts from their web site

     


    '7. Changing your gender

    Send one of the following with your passport application and supporting documents:

    a letter from your doctor or medical consultant confirming that your change of gender is likely to be permanent, and evidence of your change of name, eg a deed poll
    a gender recognition certificate
    a new birth or adoption certificate showing your acquired gender

    Sign your form using your new name.'

      October 23, 2015 8:16 PM BST
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  • I will contact them next week and see if they will re-issue it for me FOC. I will post the results. I may even try on line later beteeen the 2 episode of Coronation St.

      October 23, 2015 6:44 PM BST
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  • You do not need a letter from your doctor to now change the details on your passport, the doctor is not obliged to give you one free of charge, but most doctors if you were refered by them to a GIC will give you a letter.   The only consideration under the revisions of the passport act is that you are making an undertaking the change is permamanent and the change should be free of charge if your passport is still valid this apllies to driving licence and medical documents, enclose an original copy of your name change deed poll.

     

    3.5 Passports

    The Passports Act 2008, section 11, offers an important avenue for recognition of the acquired gender of a transsexual person. For this purpose, a person who is transsexual may seek a passport in their new name and have their new sex entered therein. This does not confer any right or entitlement not connected with the purposes of the Passports Act. For instance, it would not alter the legal gender of the person for the purpose of marriage law.

     

    Again the Gender Recognition Act is not complete in its entirety and needs to refer to other acts of parliments and judicial precedents that have evolved since the last update of the Gender Recognition Act.

     

     

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at January 12, 2016 11:41 PM GMT
      October 23, 2015 5:44 PM BST
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  • I am not nervous about using the ladies .... in fact I feel safer that using some of the mens loos... they have also been cleaner and better. I always try and be confident and smile. I was just worried in case any jumped up jobsworth of a security person challenges me. I will try and locate and then scan the letter I have had from my GP. let me know if you think the passport offcie will OK with this please.

    This post was edited by Nichola Lamkin at October 22, 2015 6:24 PM BST
      October 22, 2015 6:21 PM BST
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  • You don't need a pass to go to the toilet! There is no such thing.

    You can't be discriminated against for using the bathroom of your chosen gender, so don't feel intimidated if you should get any disapproving looks. I find a smile on your face goes a long way to helping people realise that you are ok and have a right to be there.

    The driving licence is no problem, just get a renewal form and a new photo and send it in along with your deed poll, just tick the box marked female and they won't question it. You don't have to provide any formal proof to anyone that your are now female, you just have to tell them to change your title to miss or ms along with your new name.

    There really is no need for any institution to address their correspondance to Mr Nichola Lamkin :(

    The only exception regarding change of title may be the passport office who may require a letter from your GP or gender clinic confirming your intention to change gender. Wouldn't hurt to carry this letter around with you if you're still nervous about going into public toilets or changing-rooms or whatever, but I'd be surprised if you ever needed to produce it.

    xx

    <p><span style="font-family: 'book antiqua', palatino; font-size: medium; color: #000080;">"Stop aspiring to be other people and start being you."</span></p> <p>Gok Wan</p>
      October 22, 2015 4:54 PM BST
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  • Just for the record I have not attempted to change my gender records with any institution or government body. It is irrelevant anyway to me at the moment. I had no trouble with the NHS and they simply changed it on their computer when I called in, The electiral roll was easy as well and I will be entitled to vote under my chosen name from 1st December. The DWP were easy as well I rung them up and they changed my name and bank account details there and then but did state it may a few weeks for all government computers to be amended. I have since had confirmation that this has now been done. So If I do any work part tiem or full time my NI number will show me as Nichola Jane Lamkin. I have just written off the HSBC as a waste of space. Still do is my car insurance thats with the AA and they already know I have changed my name so I am anticipating it will be a mere formality when I go to renew next January. My driving licence is due for renewal anyway next year I am not sure what information they will require from me yet. My passport I am leaving till last , I do not know how fussy they will be and what they will require.

    One related question I need to ask is back to old subject of loos. I have since I changed my name used the Ladies. I have never been challenged whether it is busy or not. The Ladies at Brent Cross was like Clapham Jn and was huge. No one challenged me and I spent a few minutes washing my hands and face and touching up my make up after using the loo. Have I been just lucky or is that the case now? When I was at Watford Pride two security offciers were chatting to be by the beer stand and the male officer asked me whether I used the Ladies, I replied in the affirmative and he nodded in approval the female offcier said 'but then you have a pass don't you?' I replied no and she looked a bit confused. Do these passes exist and how do I obtain one just in case of trouble? I don't want to be thought of a pervert.

     

    Nichola

      October 22, 2015 3:49 PM BST
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  • I find most posts pussy footing around the edges of issues , one being quite a sensative issues. When a trans person starts on their voyage it always starts with the Doctors first .

    Usually opinionated missinformed Practice managers make a hash up based on their own beliefs rather than fact and legislation at that time .

     

    There are strict guidelines a copy of which i have attached for anyone who needs help with this, dont take any crap from these people, the best thing to do is print off a copy when you go in.

     

    There is also no need for a Deed Pole for this, a letter from you is sufficient , any argument against this will be a direct breech to their responsibility under Law and would suggest a hard approach, not one that so many recommend, THE GENTLY SLOWLY CATCHY MONKEY APPROACH" as while we all look soft we will be treated same , the problem i believe is so many organisations telling us not to cause trouble, where as that is what you are pricesly meant to do, otherwise it will be just as worse for the next , and they will never learn 

    The NHS Primary Care will then send of to the back office who will in turn issue you with a new NHS number with your new details , please do not allow them to mess you around , for me there were so many combinations , a draft application for court action sent to them soon sat them upright and to attention .

     

    Dont worry , if you are going to be victimised this wont make any difference to what happens in the future, in fact i do believe you will gain more respect .

     

    If not , report your Doctor for refusing to comply with Public Secotr Duty especially under article 149 to the GMC, as doctors in the uk are now bound by Public Sector Duty, the Hippocratic Oath now obsolete and has been since the Equality Act 2010 was enforced in March 2010 , the GMC guidelines for fitness to practise now is based on Public Sector Duty 

     

    Anyway i hope this Document helps in ways, and please dont take any crap from anyone , you have rights USE THEM !

      October 22, 2015 1:43 AM BST
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  • Following on from recent expoeriences, HMRC, Council Tax, electoral roll, bus pass, utilites, store cards, credit cards and Sky all went without a hitch. Vodafone seems to be unable to change names (I think the computer says no...I have left it with them to sort out). Pet insurance was not easy... I had to transfer my dog to myself before they could change the name on the policy.  I have yet to sort out car insurance ( due January) Driving Licence due for renewal next year anyway or Passport (can't afford to pay at the moment) what experience have others had with them?

     

     

    Nichola

      October 14, 2015 4:53 PM BST
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  • Just to confirm all has gone well with my transfer of banking to Nat West. If I had access to a printer for free I would print off some posters for them to display or I may just print off one and wlk in  and post it up when they are busy.

     

      September 19, 2015 9:14 AM BST
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  • For the price of a stamp, just enivisage the consternation in the bank,  a flagrant breach of common law, not exactly a death penalty offence, but perhaps a series of costly seminars to educate the stupid ignorant morons.

     

    Print of some A4 posters,   ..PLEASE NOTE, WE DO NOT CATER FOR THE TRANSGENDERED

    Include them with the letter and explain they were sent for them to display in the bank.

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at August 21, 2015 9:57 PM BST
      August 21, 2015 9:51 PM BST
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  • After watching the lady in HSBC tear the form up into little pieces I would not waste a stamp on HSBC. I will steer well clear of them in the future and I would suggest everyone else does as well.

      August 20, 2015 5:31 AM BST
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  • The bank is wrong, it is everyones right over the age of 16 to change their name, and 18 to change their gender on their documents.  If they are making changes  in respect of passport and medical documents..   there is an  undertaking the change is permanent.

    To change your name and gender legally ie. birth certificates regarding a GRC you will need to swear an affidavit, which will be stamped and witnessed by a commisoner of oaths. that will then confer other rights regarding the marriage act and status in a marriageand pension intitlement.  there is no requirement for serial numbers or  so called official stamps on a deed poll..   I will draft a letter if you like similar to the ones I did for the council for Maggie and another couple regarding doctors.

    Regardless of ''Bank Policy'' its illegal, to demand otherwise.   Regarding cheques ''A promisary note'', as long as they show the bank details, account number and name as shown on the bank records, you can write them on anything. legally you do not have to pay for a cheque book.

     

    http://www.gires.org.uk/elearning/3/player.html  a good guide based on questions and answers on how service providers should handle trans people when changing their details.

     

     

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at April 17, 2019 8:06 PM BST
      August 19, 2015 12:06 PM BST
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  • Correct me if I'm wrong Cristine, but no legal document needs to have a serial number, watermark and official stamp. The various online companies out there charging what they want to provide you with the wording for a deed poll may add their own numbers or stamps, but they are meaningless in legal terms, just there to make their documents look pretty, and in the case of serial numbers to provide them with a reference should you ask for another copy in the future.

    Any solicitor will tell you that a deed poll that you have printed out yourself is perfectly legal and should therefore be accepted by all institutions.

    Instead of the cheque on an old pair of knickers, I'd write them a brief letter explaining the mistake made by the woman you dealt with. Her error has caused them to lose a valued customer; Natwest know the correct procedure for name change and HSBC ought to as well. Perhaps they could use this unfortunate incident to educate their staff so they don't lose more customers in the future, or cause unnecessary grief to those of us going through an already difficult process.

    xx

    <p><span style="font-family: 'book antiqua', palatino; font-size: medium; color: #000080;">"Stop aspiring to be other people and start being you."</span></p> <p>Gok Wan</p>
      August 19, 2015 9:10 AM BST
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