Marriage certificates and GRC

[LittleMissViper]

I was wondering earlier about how GRCs work with marriage certificates. In particular, with the changes to ease obtaining a GRC in Scotland, would that disadvantage a wife or husband of the one seeking a GRC?

With the longer, more stringent GRC process, presumably that gave spouses the notice and time to file for and obtain a divorce if they chose to, with the annulment documents showing the sex held of the one they married at the time of marriage.

However, with the shortened time frame and lack of checks, would it be possible for someone seeking a GRC to obtain one and then get their marriage certificate 'corrected' before their spouse is able to divorce them? Meaning that a legal document they are bound into can be changed without their consent?

Also, as far as I understand, marriage certificate corrections currently retain the previous information as well as the new. Will the changes mean that's not the case (as the original document would be misgendering, an offence) and that a change of sex would appear for all versions?

I'm ill so don't have the energy to wrote a full reply, but would this also mean that corrected licences would be disclosing a false sexual orientation for the spouse who would now be forced into what looks like a same sex marriage.

So conversion therapy then...

If the couple were married in a Catholic ceremony, I would think that would be a good argument for annulment. I.e., this person falsely declared they were a man in order to marry a woman in a religious ceremony?

If the spouse doesn't agree, the applicant gets an interim certificate which does not change their legal sex, and acquiring an interrim GRC is grounds for divorce or annulment.

Will that still be the case in Scotland once the GRR bill comes into law, @DadJoke?

Do you know or are you guessing?

@DadJoke

But this person IS a man, just now falsely claiming to be a woman.

I don’t think there has been spousal veto in Scotland since around 2014. I believe it was taken out when same sex marriage came in.

I don’t think Catholics are interested in what gender you are, only what sex. I can’t imagine they would ever countenance a single sex marriage as marriage is predominantly for procreation.

I do agree with you about the false claim to be the woman, but am concerned about actual women who might be forced to remain in a marriage, especially if they are devout, and believe divorce is unforgiveable. Just to be sure I looked online and found this;
<a class="break-all" href="//chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/www.stmarys-waco.org/documents/Grounds%20for%20Marriage%20Annulment%20in%20the%20Catholic%20Church.pdf" rel="nofollow" target="_blank">Grounds for marriage anulment in the Catholic church

There are several clauses that could be argued as grounds, such as

"Ignorance about the nature of marriage (Canon 1096, sec. 1)
You or your spouse did not know that marriage is a permanent relationship between a man and a woman ordered toward the procreation of offspring by means of some sexual cooperation."

Obviously, marriage between two people of any gender is legal in the UK, but not within the Catholic church, who are legally permitted to refuse to conduct such a marriage.

or

"Fraud (Canon 1098) Reasons for Marriage Annulment
You or your spouse was intentionally deceived about the presence or absence of a quality in the other. The reason for this deception was to obtain consent to marriage."

If the transitioning partner doubted they were really a man at any point before the marriage took place, and did not share it with their future spouse then they are in violation of the above.

I imagine any canon lawyer worth his/her salt could make a pretty solid argument for anulment being valid.

Yes. You can read the act here:
www.parliament.scot/-/media/files/legislation/bills/s6-bills/gender-recognition-reform-scotland-bill/introduced/bill-as-introduced.pdf

And if the person applying for the GRC doesn't bother telling their spouse that they've applied? I can't see any requirement for an explicit 'OK' from the spouse - just a 6 month pause during which they can get divorced (if they know about it)
@DadJoke

It just looks like another reason for use of s35. It'll drive a coach and horses through marriage law in the other nations.

The new Scottish GRA doesn't make any changes to marriage law in the UK in theory. In practice however ...