Commentary on Sections Schedule 3 – Registration by former spouses one of whom has changed sex
527.Schedule 3 makes it possible for two parties to a marriage, who wish to stay together when one of them is changing gender, to have their marriage annulled and to register as civil partners of each other on the same day if so desired. Schedule 3 applies if a court makes absolute a decree of nullity granted on the ground that an interim gender recognition certificate has been issued to the party to the marriage (or, in Scotland, after granting a divorce on that ground) and on doing so, issues a full gender recognition certificate (under section 5(1) of the Gender Recognition Act 2004) and the parties wish to register a civil partnership without delay. In order to make use of the provisions in the Schedule, the parties must give notice of proposed civil partnership within “the relevant period”.
528.Paragraph 2 defines “the relevant period” as the period beginning with the issue of the full gender recognition certificate and ending 1 month after the day of issue.
529.Paragraph 3 provides for Chapter 1 of Part 2 to apply with the modifications set out in paragraphs 4 to 6 if each of the parties gives notice of proposed civil partnership during the “relevant period” and makes an election under this paragraph.
530.Paragraph 4 modifies the standard procedure to allow a couple to register as civil partners without the proposed civil partnership being publicised or a waiting period needing to be completed before the civil partnership schedule is issued. The applicable period (during which the signing of the civil partnership schedule may take place) is the period of one month from the day on which notices of proposed civil partnership are given or if given on different days, the earlier of those days (instead of 12 months as in section 17).
531.Paragraphs 5 and 6 make consequential modifications of the procedure for house-bound persons and the procedure for detained persons. In both cases the period during which registration may take is the same as for the standard procedure (see the discussion of paragraph 4).
532.Paragraph 7 extends the provisions of this Schedule to certain non-residents. It applies where two people wish to register as civil partners of each other in England and Wales but one of them (“A”) resides in Scotland or Northern Ireland or is a member of the armed forces serving outside the United Kingdom. In such a case A is not required to give a notice of proposed civil partnership. But the civil partnership schedule will not be issued by a registration authority unless one of the proposed civil partners produces a certificate of no impediment issued to A under section 97, 150 or 239.