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Marriage (Same Sex Couples) Act 2013

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This is the original version (as it was originally enacted).

Change in gender of party to marriage

This section has no associated Explanatory Notes

10After section 11 insert—

“11AChange 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.”.

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