Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Can a marriage be switched to a civil partnership following gender reassignment surgery?

Question: Me and my husband have been married for over 15 years and I’ve been aware of his desire to live life as a woman for a little over 10 years now. He kept his cross dressing and desire to live his life as a woman away from me, but I have come to terms with things now. He’s now been told he can have the gender reassignment surgery which is fantastic news. I love my husband very much and I cannot imagine being without him, male or female. As so, we want to stay married, but I’m told we

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My brother got a civil partnership with another man who was originally from India

Question: My brother got a civil partnership with another man who was originally from India. They originally met in India and decided to get ‘married’ in the UK. My brother’s ‘spouse’  came to the UK on a visit visa at the time to get ‘married’, but within a few months things broke down between the two of them and the spouse returned to India and that was the last we heard from him. Not even his family know where he is as he deleted his social networking accounts not long after going back to India so there is no way

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Ending of civil partnership whilst living in Thailand

Question: Hello me and my ex-partner travelled to the UK to have civil partnership done 2 years ago. However I would like get a dissolution of the civil partnership now in Thailand as I do not have the money to pay for flights to the UK back just to get this done. Can I do this in Thailand or not? Thankyou. Answer: You should not have to travel back to the UK to get your civil partnerships dissolved as you can get them dissolved or created at the UK Consulate – you would need to speak to them. If money wasn’t

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Can a post op transsexual marry legally in the U.K.?

Question: Hi, I’m grateful for any light you can shed on this. I’m a post op transsexual and I have decided I would like to ask my partner to marry me this year, but before I take this any further. I need to know if I’m legally allowed to get married in the U.K.? Answer: A transsexual person who has been granted a Gender Recognition Certificate under the GRA 2004 (more details here; https://www.gov.uk/apply-gender-recognition-certificate is legally recognised as the gender stated on that certificate for ALL legal purposes, including marriage, whether ‘post-op’ or not (surgery is not one of the

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I’m entering a civil partnership. I own my own property. Would my partner be entitled to a share if we split?

Question: I’ll keep this short and to the point… I’m entering into a civil partnership later this year. I own my own property which is solely in my name and my partner will be moving in and paying me a weekly rent. In the event of the partnership being dissolved in the future would my partner be entitled to a share of the property? Thanks. Answer: The simple answer is yes! If you have concerns, you should talk it over with your partner and arrange to get a pre-cip (pre-nup) . Then at least you know that the assets you

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I'm entering a civil partnership. I own my own property. Would my partner be entitled to a share if we split?

Question: I’ll keep this short and to the point… I’m entering into a civil partnership later this year. I own my own property which is solely in my name and my partner will be moving in and paying me a weekly rent. In the event of the partnership being dissolved in the future would my partner be entitled to a share of the property? Thanks. Answer: The simple answer is yes! If you have concerns, you should talk it over with your partner and arrange to get a pre-cip (pre-nup) . Then at least you know that the assets you

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Do lesbians in a civil partnership who “divorce”, have to pay child support even if the child is not their biological child?

Question: My sister has been together with her partner in a civil partnership and helped to bring up her child that she had with a previous male partner before they met. Things have not been right between my sister and her partner for some time and I personally think they may break up. However I’m worried that her partner may look to ask her to pay child support even though the child is biologically not her child and nor did she adopt the child. I do not think it is fair that she would be expected to contribute towards the

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Do lesbians in a civil partnership who "divorce", have to pay child support even if the child is not their biological child?

Question: My sister has been together with her partner in a civil partnership and helped to bring up her child that she had with a previous male partner before they met. Things have not been right between my sister and her partner for some time and I personally think they may break up. However I’m worried that her partner may look to ask her to pay child support even though the child is biologically not her child and nor did she adopt the child. I do not think it is fair that she would be expected to contribute towards the

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Advice about Marriage, Transition and Civil Partnership in the UK

Question: Hopefully you can help me as I’ve been looking around for some help and advice about a particular issue which affects my family. My son has been openly cross dressing for a number of years throughout his teens and twenties. He met a lovely young lady and they got married so we assumed he’d gotten over this. His wife knew about all this before they got married and never had a problem. My son has now decided after talking to his wife that he should like to have the gender change surgery but remained together. They are happy with

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In the UK, how would one dissolve a civil partnership when the other spouse has deserted the person for 5 years?

Question: My sister got into a civil partnership with a girl from America. They’d met each other online before the girl came over to the UK. She was only on a visit visa at the time but things fell apart after a few months and the girl decided to go back home after only 6 months as she didn’t extend her visa. They did speak briefly afterwards and planned to give things another go. But the distance got in the way and within a few months they talked less and less and eventually the couple lost touch with each other

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