Gender Change and Marriage

If you are transitioning gender and are currently married, you and your spouse may have many questions. These often concern the impact this process has on your marriage. It is important to understand how Gender Change and Marriage are related and what legal or emotional considerations may arise.

The impact will largely depend on whether the transitioning party wishes to obtain a Gender Recognition Certificate (GRC) which allows your affirmed gender to be recognised legally in the UK. Similarly, some other countries also allow this, and the extensive list can be found here

Applying for a GRC allows you to do the following:

• Update your birth or adoption certificate,
• Get married in your affirmed gender,
• Update your marriage certificate,
• Have your affirmed gender on your death certificate.

If you do not apply for a GRC you can still update the following:

• Passport,
• Driving licence,
• Medical records,
• Bank accounts,
• Account details with many other organisations.

If you do not wish to obtain a GRC:

Without a GCR, you are still socially recognised, and known by many institutions, as your affirmed gender. However, your birth and marriage certificate cannot be amended. These changes have no impact on the validity of your marriage, and you will remain married until such a date as you or your spouse decide to get divorced.

If you want to obtain a GRC and stay married:

Before applying for a GRC, you will want to consider legally changing your name. This is important, as you cannot update the name on your certificate after it has been issued. You can do this by Deed Poll.

Your spouse must confirm that they wish to stay in the marriage after the issue of the GRC. They will also need to sign a Statutory Declaration to formalise this. A new marriage certificate will then be issued.

If your spouse does not consent, or you have reached an agreement that you do not wish to stay married, the marriage will need to end before the GRC is issued. An interim GRC will be issued for six months, and this can be used to apply for the annulment, divorce, or dissolution.

Financial Settlement on Divorce or Annulment:

It is important to remember that if you decide to divorce or annul your marriage, you need to consider legally separating your assets. It is beneficial to obtain advice from a solicitor to help you navigate this financial separation. Additionally, there are important factors to consider. For example, your entitlement to different benefits and pensions may change based on your affirmed gender.

It is also important to consider whether one spouse changing gender has had an impact on your finances. For example, the costs of gender reassignment surgery and whether this will be considered a joint expense should be reviewed.

In a 2025 case, a Judge ordered a wife to pay half the cost of her ex-husband’s gender reassignment surgery. She was running the argument that her husband’s choice to transition was the reason for the breakdown of their marriage. The surgery took place two years after the parties separated, and was paid for from a joint bank account, costing £160,000. These were “high net worth” individuals with assets totally over £3,000,000. The Judge ruled surgery was a “genuine and deep-felt medical/ psychological need” and that it was “reasonable” for the costs to be covered by joint funds.

When reaching a conclusion like this, the court will consider all the circumstances in the case. If you would like legal advice tailored to your specific situation, our dedicated legal team will be happy to help.

Impact of changing gender and your rights towards my children

Transitioning gender, and obtaining your GRC, does not allow you amend your child’s birth certificate to reflect your new gender. However, your gender change does not impact on your rights and responsibilities when it comes to your children.

If you need assistance navigating your relationship with your children, and ex-spouse we are here to support you. These matters can be very sensitive and uncomfortable for some, but our expertise of working on these cases is second to none. If you would like to speak to a member of the team today about issues relating to this matter you can contact us here or call us on 0333 344 6302.