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## Family Procedure Rules 2010

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# PRACTICE DIRECTION 7D – THE GENDER RECOGNITION ACT 2004

## Introduction

### 1.1

The Gender Recognition Act 2004 (‘the Act’) provides transsexual people with the opportunity to obtain legal recognition in their acquired gender. Legal recognition follows from the issue of a full gender recognition certificate by a Gender Recognition Panel. Section 4 of the Act requires that where a Panel has granted an application to a married applicant, the gender recognition certificate that it must issue shall be an interim gender recognition certificate. The interim certificate may then be used by either party to the marriage as evidence in support of an application to annul the marriage under Section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Matrimonial Causes Act 1973 (‘that an interim gender recognition certificate has, after the time of the marriage, been issued to either party to the marriage’).

## Application

### 2.1

This Practice Direction applies to proceedings for divorce, judicial separation and annulment of marriage commenced on or after 4th April 2005.

### 2.2

Where proceedings for divorce, judicial separation or annulment of marriage have been commenced prior to this date, paragraphs 3.2 to 3.5 below shall also apply to those proceedings if, but only if, the court acquires protected information (as defined by Section 22 of the Act) in respect of a party to those proceedings.

## Title of the Cause

### 3.1

When a party to a matrimonial cause has changed his or her name since marriage, by deed poll or otherwise, the name currently being used by the party should appear first on any petition, answer and statement of arrangements followed by ‘formerly known as ………. (married name)’.

### 3.2

Subject to paragraph 3.3, when describing the parties in any Decree, Order, Notice or other document issued by the court, the parties should be described by their full current names only.

### 3.3

When giving details of the parties in any court list (including a special procedure cause list) they should be described by the initials and surname of their current names only. (For example, A B Jones v C D Jones).

### 3.4

For the sake of clarity, in any document or court list mentioned in paragraphs 3.2 and 3.3 above party titles (i.e. Mr, Mrs, Miss, etc.) should be omitted.

### 3.5

The Practice Note of 2nd May 1940 (Title of Cause) shall cease to have effect.

## Evidence at trial of cause

### 4.1

4.1 This part of the Practice Direction applies where the following conditions are met –

(a) proceedings for annulment of marriage are brought under Section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Matrimonial Causes Act 1973 and under no other ground under Sections 11 or 12 of, or paragraph 11 of Schedule 1 to, that Act; and

(b) the cause is an undefended cause.

### 4.2

Any party requesting directions for trial may, in addition to the requirements of FPR rule 2.25(2), state in their request that they would wish to give their evidence at the trial of the cause in accordance with the provisions of this Practice Direction; and in that event, the request must be accompanied by an affidavit setting out the information required by the appendix to this Practice Direction.

### 4.3

Where directions for trial are given in accordance with FPR rule 2.24(5) in respect of a request to which paragraph 4.2 applies, a direction may also be given under Rule 2.28(3) that the affidavit lodged with the request for directions shall be treated as the evidence of that party at the trial of the cause (unless otherwise directed).

### 4.4

In the case of an undefended cause proceeding on the respondent's answer, this part of the Practice Direction and the contents of the appendix shall apply with appropriate modifications.

### 4.5

The appendix sets out a form of affidavit that may be used for the purposes of paragraph 4.2.

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