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Feminism: Sex and gender discussions

The spousal issue in transitioning

12 replies

JellySlice · 23/11/2019 11:25

Could someone explain it, please?

I understand about the relationship totally changing against the non-trans partner's wishes, but why annulment rather than non-contestable divorce? Isn't saying that the marriage was false from the beginning similar to retrospectively changing a birth certificate after getting a GRC?

And doesn't an annulment carry the same issues WRT children and finances as a divorce, so how is it faster or simpler?

Also, what is the current position WRT spouses of transitioners? How would or should it change?

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SonEtLumiere · 23/11/2019 11:51

This reply has been deleted

Message withdrawn at poster's request.

ThePurported · 23/11/2019 12:13

Isn't saying that the marriage was false from the beginning similar to retrospectively changing a birth certificate after getting a GRC?

Yes. Isn't that the whole point? If you allow one spouse the legal fiction that they were born the opposite sex to the one they were when they got married and enable them to erase their past, you have to give the other spouse the same consideration and possibility to 'erase' a marriage that could, on paper, misrepresent their sexual orientation.

Gasp0deTheW0nderD0g · 23/11/2019 12:18

One reason I've seen it suggested annulment is a good idea in these circumstances is because it gives an opportunity to end the marriage to people whose religious beliefs rule out divorce. I have the impression it's quicker and more straightforward than divorce as well.

OneRingToRuleThemAll · 23/11/2019 12:23

ExH is now ExW. I am very thankful that I had the protection that divirce offers in terms of split of family assets. He / she was abusive as it is. He would see it as a green light to abuse me further if the marriage was treated as though it didn't happen.

PaleBlueMoonlight · 23/11/2019 12:30

But doesn’t annulment mean that the marriage is effectively deemed never to exist? Wouldn’t that mean that you don’t have the financial rights that go with marriage?

ThePurported · 23/11/2019 12:35

Pale There are previous threads about this, sorry can't link right now. I think a lawyer was consulted and their opinion was no, but don't take my word for it!

everythingcrossed · 23/11/2019 12:41

But a marriage can't be annulled without the formality of also having a divorce during which the financial responsibilities will be sorted out. An annulment (in the UK, at least) is on top of a divorce, not instead of one.

TinselAngel · 23/11/2019 14:37

The answers to your questions (and my reverse ferret) are on the above threads).

JellySlice · 23/11/2019 17:18

Sorry, what is reversible ferret?

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JellySlice · 23/11/2019 17:18

Argh DYAC! A reverse ferret, of course.

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