S 12(1)(g) interim GRC and S 12(1)(h) changed gender prior to marriage Flashcards
1
Q
when can S12(1)(g) be relied upon with
A
six months S 13 2A
2
Q
When can S 12(1)(h) be relied upon
A
- If one party was unaware at the time of the ceremony that the other person has previously obtained a GRC, the marriage or CP will be voidable on the application of the first party, who may not wish to continue the relationship given this discovery.
3
Q
Why must a pre-existing CP be annulled before the trans partner obtains a fill GRC
A
this is because the CP cannot be valid once the partners are of the opposite legal gender. Once the certificate is issued, if the parties wish to continue their relationship, a special procedure allows them to reconstitute their relationship as spouses, without the usual waiting period.