The Effect of Gender Change before Marriage on Creating the Right to Terminate and the Role of Gender-Neutrality after Marriage

This analytical-documentary research tried to investigate the effect of the gender change of a transsexual before marriage on creating the right to terminate and the role of gender-neutrality after marriage in the waiver of the right to terminate marriage. After reviewing the previous studies, no research that examined the subject of this study was found. The results indicated that the gender change before marriage and the other party's ignorance of it at the time of marriage is a way of hiding a defect, so that it creates the right to terminate marriage; because the act of marriage is not usually absolute and it depends on the implied condition of having no defects. So by violating that condition, the other party has the right to terminate marriage. Moreover, the condition of having no defects is important for each couple, and by violating that condition, the other party has the right to terminate marriage. A sexually neutral person loses the right to terminate his/her legal basis by the treatment after marriage and changing to monogamy, and it is not possible to terminate marriage based on previous defects.