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Requirements for Annulment and Divorce and issues
I am posting this as a reply to another girl who suggested I just get my marriage annulled so as to get the correct gender on my birth certificate. The issue for married MtoF’s is that even after surgery you cannot have your birth certificate ammended to ‘F’ while you are still married.
As you can see though, the allowable conditions for either annulment or divorce do not mention having SRS and living in an effective same sex marriage. The only way I can see is to circumvent the process by perguring yourself by claiming that you have been separated for a year and that the marriage is irreconcilable.
Personally I’m not going to do that nor am I going to divorce just because some stuck up polititions can’t get their head around gay marriage. Also it’s not a nice reward for my pre transition partner who has stuck with me through thick and thin. Besides we are very much still in love.
So in the meantime the state will just have to go on believing that I’m some kind of guy. Obviously it’s something I feel strongly about.These are the only grounds for annulment or divorce in Australia:
A divorce is the ending of a valid marriage. There is only one ground, irretrievable breakdown, and this can only be proved by 12 months separation.
A decree of nullity is a finding that the marriage was void, that there never was a valid marriage. Such a decree can only be made on a certain number of specified grounds:-
* That the marriage was bigamous, that one of the parties was already married at the time of the ceremony,
* That the parties were too closely related to be allowed to marry,
* That the ceremony was phony. The requirements of the Marriage Act must be met,
* That there was no real consent by one of the parties,
* That one of the parties was not of marriageable age. -
4 Replies
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Gwendolyn
More power to you, I support your sentiments 100%, while I am not yet in the same position, and cannot add much to the philosophy as I am new to my emerging world I believe that you are being true to your past life and current life at the same time we are all an integration of past, present and future potentials, and that is good! Kathy -
i am awaiting the day same sex couples can marry, then we wont have to go through this nonsence,
We can only hope and pray the pollies will see the light one day.
I will also be stuck my partner wants to get married and i wont legally be able to change my gender.
Beth.
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A marriage is easy to dissolve my parents have dissolved there marriage between each other three times now just to as i say ” jump through hoops ” to get what they want. The last thing i will ever be involved with is same sex marriage as i believe that any marriage is just a piece of paper between two people. Just as the rights for discrimination i believe should not have been made lawful as you may be able to change the law to get what you want but you will never change how society will see things and the laws so far have only helped a very very few people and left the rest of us in the dark and unable to be helped
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My reading of the Marriage Act and Family Law Act regarding divorce and/or annulment is that neither are available to a married transsexual in a loving relationship with their partner. Being in a loving relationship with my wife I am unable to file for a divorce as the relationship has not broken down irreversibly.
So I am very interested in hearing from those that have gained annulment in particular the basis for the annulment.
The first critical point is that being married prevents me from formally having my Sex Reassignment recognised by the Victorian Birth Deaths and Marriages. Therefore legally I am still male!
I also do not believe I can legally apply for annulment as I am not in a ‘prohibited relationship’ (necessary grounds for annulment) as I am still legally a male married to a female. Therefore my marriage is still legally between a man and a woman and therefore valid. A prohibited relationship is one between two people who are of the same sex and according to the Registry of Births Deaths and Marriages I am not in a prohibited relationship and therefore there are no legal grounds for annulment.
What am I missing?????? I laugh and cry at different times over these issues.
If annulment is granted it means the marriage is void. This in itself is problematic within the above scenario because the marriage was actually real and legal under the law and there are other consequences of voiding a marriage.
I do appreciate that one can bend the law to get around its stupidity but I do believe that in mine and many others similar situation we are actually caught in limbo.
Jade
