Recommendation 13

We have carefully considered the arguments for and against the spousal consent provision. The choice to transition by one spouse can, for some, fundamentally change the nature of the relationship and the marriage contract. The spouse of the person transitioning must be informed of their spouse’s decision to change their legal sex. We understand the importance of the spousal consent provision and the availability of the option for annulment for some individuals, including those from religious communities where divorce and same-sex marriage is not regarded favourably. On balance, we do not believe that the lack of consent from a spouse to remain in the marriage after the legal transition should lead to delay in an individual obtaining a full Gender Recognition Certificate. The current system places the burden for obtaining consent, or an annulment, on the parties to the marriage or civil partnership through the issue of an interim certificate. This has created delay and unfairness, which has led to trans people saying that this denies their basic rights and agency over their own bodies, and places it in the hands of their spouses.