Changing Your Name

Do you have to take your husband’s name when you get married?

No. It is merely a convention that this happens. Legally there is nothing to stop you continuing to use your maiden name (or existing surname) after you marry. Indeed it is not uncommon for a professional woman who has built up a following under her maiden name to continue to use it for business purposes – although it can get confusing to have two surnames!

Can you take your partner’s name if you are not married?

Yes. The law is very relaxed about surnames and you can change your surname to whatever you want, as long as you are not doing it for dishonest or fraudulent purposes. So there is nothing to stop you changing your surname to that of your partner if you wish.

Can your husband take your name when you get married?

Although clearly not the convention, there is nothing to stop him doing so. Historically there are cases of aristocratic families with young daughters insisting upon a husband doing this to keep the family name going. There is no reason for it to be restricted to those sort of cases.

Can the man take the woman's name even if they are not married?

Yes. Again there is nothing to stop your partner using whatever surname he wants. If he wishes to change his name to yours, he is free to do so.

If you are divorced, when can you start using your maiden name?

Even when you are married you could choose to change your surname. It is not unusual to think of doing this if the marriage has broken down and you are separated or getting divorced. There is no legal rule as to the timing and you can change your surname back to your maiden name (or indeed any other name) at any time. You do not, for instance, have to wait for the divorce to be final, although many people do.

If you are an unmarried couple, and you have children, can they take their mother’s name or do they have to take the father’s name?

Where parents are married either is entitled to register a child’s birth. When the parents are unmarried the father actually has no power to do so on his own and it follows that the mother needs to register the birth and can choose in what surname to register the child. The father cannot prevent the choice of surname – although in extreme cases he can apply to the Court to change the name chosen if it is deemed to be in the best interests of the child to do so. Such applications would be quite unusual.

If you have gone back to your maiden name after a divorce, can you also change your children’s names?

Only if the father of your children agrees. As you were married he would have had parental responsibility and you would need to get his agreement to the child’s surname being changed. If he does not agree then it can be done by an application to the Court. However, the Court is unlikely to agree to the name being changed unless there was some evidence that it would lead to an improvement for the child. Judges take the view that to deprive the child of his father’s surname is not something to be done lightly.

If the parents were unmarried and have split up, can the mother change the child’s surname in those circumstances?

The answer depends upon whether the father has obtained parental responsibility for the child (which can be done by agreement or Court Order). If so, then his consent is needed for any change of name. If the father does not have parental responsibility then from a strict legal position his agreement is not necessary – although the Courts have suggested it is good practice to ask the father and then if the father disagrees either parent could ask the Court to make a decision as to whether or not it should be changed.

Can you just go around calling yourself a name and use that on official forms?

A surname is merely the name by which a person is known and yes, you can change it just by simply using the new surname. However it is always best to get a short Change of Name Deed drawn up to record it. If you change your name too often you will find life gets very confusing with all your accounts and records in different names. My firm advice is only to do it for good reason and as little as possible!

So how should you change your name? Do you need a Deed Poll? Is it time consuming and costly?

You need a short document known as a “Change of Name Deed” recording your intention to change your name. You will find that most solicitors will be prepared to draw up such a document for you. It is not time consuming and should not be too expensive. A “Deed Poll” is a more formal Deed that needs to be registered and as a result incurs registration fees. It is more expensive and rarely worth the expense.

Is it really necessary to have a deed?

You will find that if you change your surname there will be a lot of people (i.e. banks, the DSS or credit card companies) who will ask you for something in writing to confirm the change of name. Exam certificates and qualifications can also be a problem if they are in your previous name and you have no document confirming the change. The Passport Office will also want some evidence if you want a passport in the new name and they prefer a Deed witnessed by a Solicitor.

What if you want to combine your surnames – say John Smith marries Jane Jones and they want to be known as Smith-Jones?

There is nothing to stop you taking on a double barrelled name or even triple barrelled if you feel so inclined!

Can you give your child a double-barrelled name in say the above scenario?

Certainly you can, although subject to getting the father’s consent if you are married or he has parental responsibility (see above). One point to remember about changing children’s surnames is that the school needs to be kept informed and it can make things confusing in later life if for example the children have school certificates or exam results in a former name.

Are there any restrictions on changing your name? If you want to call yourself a ridiculous name – say name yourself after the Spice Girls or the Aston Villa 1974 team, are you allowed?

So long as you are not doing it for a dishonest purpose or for fraud (i.e. trying to pass yourself off as somebody else). There are cases of people taking on the most ridiculous names and there is nothing in law to stop them.

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