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NSW puts an end to ‘forced transgender divorces’

NSW has scrapped the requirement that a married transgender person must divorce before registering their change of sex.

Yesterday, the NSW parliament passed legislation removing restrictions from the Births, Deaths and Marriages Registration Act 1995 so that persons who change their sex and are married may record their change of sex on the Births, Deaths and Marriages Register.

Prior to this amendment, transgender persons who transitioned while they were married were faced with the prospect of divorcing their spouse to have their gender confirmed on their birth certificate.

The change was incorporated in the Miscellaneous Acts Amendment (Marriages) Bill 2018 with the object of updating terminology relating to marriage across several Acts and instruments through the use of gender-inclusive language.

If you have any questions regarding the above, or seek assistance in a related matter, please don’t hesitate to contact myself or the Turnbull Hill team on 1800 994 279 or via email.


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