Arrangement

SCHEDULE   8

THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of the Royal Court (Jersey) Law 1948[1], Article 43 of the Matrimonial Causes (Jersey) Law 1949[2] and Article 19(2) of the Gender Recognition (Jersey) Law 2010[3], has made the following Rules –

“5A   Supplemental: petition for nullity on ground of issue of interim gender recognition certificate

(1)     This Rule applies to a petition for nullity brought under Article 18(1)(g) of the Law.

(2)     Unless otherwise directed, the petitioner must file with the petition a copy of an interim gender recognition certificate issued to the petitioner or to the respondent, as the case may be.

5B     Supplemental: petition for nullity on ground that respondent’s change of gender would be recognized by an approved jurisdiction

(1)     This Rule applies to a petition for nullity brought under Article 18(1)(h) of the Law.

(2)     The petition must contain particulars of the conditions satisfied and steps taken in the approved jurisdiction that are –

(a)     prescribed; or

(b)     relied upon to satisfy the Court that, but for the fact that the parties are still married, the change of gender would be recognized by that jurisdiction.

(3)     The petitioner must file such documents as the Greffier may direct in support of a petition to which this Rule applies.

5C     Supplemental: petition for nullity on ground of respondent's gender having become acquired gender at time of marriage

Where a petition for nullity is brought under Article 18(1)(i) of the Law and a full gender recognition certificate has been issued to the respondent, the petitioner must file a copy of that full certificate with the petition, unless otherwise directed.”.

“12A Supplemental: acknowledgement of service of petition for nullity brought on ground relating to gender recognition

(1)     This Rule applies where a petition for nullity is brought under –

(a)     Article 18(1)(g) of the Law and an interim gender recognition certificate has been issued to the respondent;

(b)     Article 18(1)(i) of the Law and a full gender recognition certificate has been issued to the respondent.

(2)     Where the respondent returns to the Greffier an acknowledgement of service in Form 4, the respondent must, unless otherwise directed, file with it a copy of the interim certificate or the full certificate, as the case may be.”.

“16A Supplemental: answer praying for decree of nullity on ground of issue of interim gender recognition certificate

(1)     This Rule applies to an answer under Rule 16(1) that prays for a decree of nullity under Article 18(1)(g) of the Law.

(2)     The respondent must, unless otherwise directed, file with the answer a copy of an interim gender recognition certificate issued to the respondent or to the petitioner, as the case may be.

16B   Supplemental: answer praying for decree of nullity on ground that petitioner’s change of gender would be recognized by an approved jurisdiction

(1)     This Rule applies to an answer under Rule 16(1) that prays for a decree of nullity under Article 18(1)(h) of the Law.

(2)     Unless otherwise directed, the answer must contain particulars of the conditions satisfied and steps taken in the approved jurisdiction that are –

(a)     prescribed; or

(b)     relied upon to satisfy the Court that, but for the fact that the parties are still married, the petitioner’s change of gender would be recognized by that jurisdiction.

(3)     The respondent must file such documents as the Greffier may direct in support of an answer to which this Rule applies.

16C   Supplemental: answer praying for decree of nullity on ground of petitioner’s gender having become acquired gender at time of marriage

Where an answer under Rule 16(1) prays for a decree of nullity under Article 18(1)(i) of the Law and a full gender recognition certificate has been issued to the petitioner, the respondent must file a copy of the full certificate with the answer, unless otherwise directed.”.

“19A Supplemental: reply to answer praying for decree of nullity on ground relating to gender recognition

(1)     This Rule applies where an answer is filed under Rule 16(1) which prays for a decree of nullity under –

(a)     Article 18(1)(g) of the Law and an interim gender recognition certificate has been issued to the petitioner;

(b)     Article 18(1)(i) of the Law and a full gender recognition certificate has been issued to the petitioner.

(2)     Where the petitioner files a reply under Rule 19(1) to the answer, he or she must, unless otherwise directed, file with it a copy of the interim certificate or the full certificate, as the case may be.”.

(a)     for the words “divorce or judicial separation” there shall be substituted the words “divorce, judicial separation or a decree of nullity”;

(b)     in sub-paragraph (a) after the words “Form 8,” there shall be inserted the word “8A,”.

“45A Saving for certain decrees of nullity absolute on pronouncement

Nothing in this Part affects a decree of nullity under Article 18(1)(g) or (h) of the Law that is absolute on pronouncement in accordance with the proviso to Article 20(1) of the Law.

“12.   If the petition is for nullity –

(a)     on the ground that an interim gender recognition certificate has been issued to a party to the marriage, and such a certificate has been issued to you, you must, when returning the acknowledgement of service, attach to it a copy of your interim certificate;

(b)     on the ground that a change of your gender would be recognized by an approved jurisdiction, you may, when returning the acknowledgement of service, be required to attach to it such documents as the Greffier may direct;

(c)     on the ground that your gender was the acquired gender at the time of the marriage under the Gender Recognition (Jersey) Law 2010[5] and a full gender recognition certificate has been issued to you, you must, when returning the acknowledgement of service, attach to it a copy of your full certificate.”.