Trans Identity and The Law – Gender Recognition Certificates

Here at Browell’s we understand and recognise that your anatomy does not necessarily determine your gender identity. We respect, appreciate and support gender identity and diversity.

What is a Gender Recognition Certificate?

Under the Gender Recognition Act, it is possible for trans people to affirm their non-natal gender by applying for, and obtaining, a Gender Recognition Certificate.

A Gender Recognition Certificate once obtained allows a person to:-

  1. Update their birth or adoption certificate if registered in the UK
  2. Get married or form a civil partnership in their affirmed gender
  3. Update their marriage or civil partnership certificate if registered in the UK;( if their spouse agrees) and
  4. Have their affirmed gender on their Death Certificate when they die.

 

In order to be eligible to apply for a gender recognition certificate a person must pass certain criteria:-

  • They must be 18 or over
  • They must have been diagnosed with gender dysphoria in the UK
  • They must have been living in their affirmed gender for at least 2 years at the time the application is made and intend to live in their acquired gender for the rest of their life

The Gender Recognition Certificate application process

The application process is dependent upon your individual circumstances and by choosing one of the three available tracks. If an application is made using the incorrect track, then this could prove costly both financially and in terms of delay in the application.

How our Family Law team can help

The Family Team at Browell’s can assist you with the process of obtaining a Gender recognition certificate. Please contact Family Team on 0191 691 3418 or by email at family@browells.co.uk

Family Mediation Week 2024

Family Mediation Week runs from 22nd – 26th January 2024, organised by the Family Mediation Council and supported by Resolution, the idea is to raise awareness of Family Mediation and the constructive benefits of mediation within Family matters.

The Courts should always be seen as a last resort and mediation, as an Alternative Dispute Resolution, can be effective for many people in resolving their dispute.

Where appropriate, the Family Team at Browell Smith and Co, encourage parties to mediate.

Mediation can be a far cheaper process than Court proceedings. The fact that parties are fully involved and engaged in mediation can make the process less acrimonious and the ultimate resolution far more palatable.

Assistance with mediation may be available via Legal Aid or the Ministry of Justice’s Family Mediation Voucher Scheme which meets up to £500.00 of mediation costs for families should they need to discuss arrangements for children.

If you currently have an ongoing issue and would like advice and assistance regarding the mediation process then please do not hesitate to contact our Family Team.

“The Engagement is off” – now what?

Marriage is a huge commitment and sometimes couples do not get as far as saying, ‘I do’.

It is a fact, in an ever increasing cohabiting society that, prior to an engagement, couples have spent a long time integrating their personal assets and finances in anticipation of the marriage.

The truth is that engaged couples do not enjoy the same rights as married couples. The common law marriage concept is a myth.

Therefore, legal advice must be obtained regarding what happens if separation occurs prior to marriage on a range of issues.

Some of the common questions that need to be addressed are:

  1. What happens to the engagement ring?
  2. What happens to any jointly or solely owned property?
  3. Who will the children of the family live with and spend time with?
  4. Who will keep the pets and the arrangements for their costs?

 

How can we help?

The Family Team at Browells can help guide you through your separation or indeed help you plan for the future. It is always our recommendation that tailored advice is given to plan for the future. It can save couples a lot of stress and costs if they take a proactive approach to obtaining legal advice from the outset of cohabitation.

The Team can be contacted on 0191 691 3418 or by email at family@browells.co.uk.

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