The Spousal Exit Clause
Trans Widows and the Spousal Exit Clause (often inaccurately called the “Spousal Veto” or “Spousal Consent”).
The Spousal Exit Clause is a vital right which enables trans widows in England and Wales to end their marriages before their spouse is issued with a Gender Recognition Certificate.
A full explanation of our position on the Spousal Exit Clause can be found in the submission that Trans Widows Voices were invited to make to the Women and Equalities Select Committee of the UK parliament, for their inquiry into the Gender Recognition Act in 2021.
In March 2022 the Committee confirmed their position, on the Exit Clause, which was as follows:
“30. A marriage or civil partnership is a contract between two individuals, the nature of which cannot be changed without the consent of both parties. For this reason, we consider it is equitable for the “spousal consent” requirement to remain in place.
31. Spousal consent does not mean that a spouse can prevent their partner from securing a GRC (Gender Recognition Certificate). It is a safeguard for the non-transitioning spouse to decide whether they want their marriage or civil partnership to continue before their partner is granted a GRC. It is right that both parties should have an equal say in the future of their marriage or civil partnership, given transition can fundamentally change its nature.”
This aligns with the position of Trans Widows Voices.
Since then, and particularly in the run up to the UK 2024 General Election we have heard worrying statements from Labour and the Liberal Democrats that this right, (for Trans Widows to be able to end their marriage before their husband is issued with a Gender Recognition Certificate) is under threat.
For our detailed position, see the link to the Committee submission above, however some FAQ’s follow.
What is the Spousal Exit Clause?
This is the definition given by the Woman and Equalities Select Committee in 2020
Why should Trans Widows have the right to veto your partner’s transition / control what they do with their body?
We don’t. An interim GRC holder can do anything they want, wear what they want, call themselves whatever they like, have whatever surgery they like, their transition is not prevented. They can change the sex marker on their passport and driving licence. The only thing that they cannot change without a full GRC is their birth certificate.
Why is the Spousal Exit Clause important for Trans Widows, particularly when we now have no fault divorce in England and Wales?
The key issue is that there is provision for an annulment which enables those trans widows who cannot get divorced for religious or cultural reasons to exit their marriage.
The Exit Clause also enables spouses to exit the marriage before, rather than after, its status potentially changes, and their heterosexual marriage legally becomes a same sex marriage that they didn’t sign up to.
How can we believe your interpretation of the Spousal Exit Clause? Groups such as Stonewall say it is a veto on transition?
We invite anyone to read relevant sections of the law and government guidance for themselves:
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A recent article from Legal Feminist also explains the law.
Why have Stonewall etc made such a fuss about this for so long?
We believe that male entitlement plays a part but suspect that the real reason for the focus on the exit clause is that it stands in the way of Self-ID. A man cannot follow a legal path to self-identify as a woman, if at any stage he has to get the agreement of his wife.