I’m Getting Divorced, Can I Keep My Married Name?
Question
I’m Getting Divorced, Can I Keep My Married Name?
Answer
Jennifer Lee, Family Law Associate Solicitor, Clarke & Son replies:
Any reference to divorce or marriage in this article is also applicable to the dissolution of a civil partnership.
"Can I keep my married name?" is a question I often get asked as a Family Solicitor. I'm frequently asked by separating spouses whether they or their spouse can retain their married name after divorce is finalised.
Surname Changes After Marriage: A Traditional Practice
Traditionally, when couples get married, the female partner would change their surname to the male spouse’s surname. In 2016, a UK survey found 90% of women take their husband’s surname when they get married. However, over the years this has changed. Some spouses opt to retain their maiden name for work purposes, using their married surname in private life. Other couples double-barrel their surnames, or combine both spouses' previous names as middle names, like Brooklyn Beckham and Nicola Peltz. Some even choose an entirely different surname altogether.
Why Do People Retain or Change Their Surname After Separation or Divorce?
There are many reasons why, when couples separate and/or divorce, that they would either wish to retain or change their surname. It is personal preference and there are no laws to stipulate what should happen, just as the other spouse cannot insist that the other reverts to their previous name. On divorce, it is a personal decision whether you choose to retain your married name or not. Some choose to retain it, especially where the couple have had children or if they have been married a long time as a surname forms part of an individual’s identity. Where the couple have children, it can be easier if both parents have the same surname, especially for travel reasons.
What Do You Need to Change Your Name After Divorce?
If a spouse does wish to revert back to their previous name following a divorce, they will; need their marriage certificate (or a certified copy), their birth certificate, confirm that they are using their previous surname for all purposes and a document confirming this such as a pay slip or letter from their local council, and their Final Order (previously known as Decree Absolute). They do not need to change their surname via Deed Poll.
Changing Your Name Before the Final Order
However, if you wish to revert to your previous name prior to the Final Order being made, you will need to change your name via Deed Poll. Of course, if you wish to change your surname to a name that was not your previous name prior to your marriage, you will need a Deed Poll to implement this.
Changing a Child’s Name
However, if a child or their parent wishes to change the child’s name, whether first, middle, or surname, consent is required. Everyone with Parental Responsibility must agree, or a Court Order will be needed. A child over 16 can change their name via Deed Poll if they fully understand the implications.
Need Advice on Changing Your Name?
If you need advice on changing your name or regarding a separation or divorce, contact our Family Law team for specialist legal guidance. Call 01255 320 555 or email mail@clarkeandson.co.uk.
