Question 7: The Government is keen to understand more about the spousal consent provisions for married persons in the Gender Recognition Act. Do you agree with the current provisions?
I don’t think married people should be able to prevent their spouses from acquiring a GRC, nor should they be able to compel their spouses to remain married to someone whose legal sex has changed.
A mandatory period of reflection of two years between applying for a GRC and the certificate being granted would give married applicants time to discuss and agree a way forward with their spouse. It should be required for a married applicant to inform their spouse that they have applied for a GRC.
I support the government’s proposal (https://consult.justice.gov.uk/digital-communications/reform-of-the-legal-requirements-for-divorce/) to introduce a no fault divorce procedure. This would greatly ameliorate the situation of people who wish to end their marriage as a result of their spouse applying for a GRC.