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