Recent surveys reveal that the majority of women still take their husband’s family name after marriage. In the US, around 70% of women adopt their husband’s surname upon marriage. In the UK, the figure is almost 90%, with around 85% of those aged between 18 and 30 still following the practice. A 2022 survey in the UK revealed that the number of women adopting a double-barrelled surname after marriage had risen by 11% in the preceding two years; highlighting a trend that more women wish to retain their maiden name upon marriage.
After separation or divorce, a woman who has taken their husband’s surname upon marriage will often wonder if they can revert to their previous surname, and when they may start doing so. The short answer is that they can and they may do so at any time after separation. There is no requirement for the legal divorce process to be initiated and the husband’s consent is not required. They can simply revert to their previous surname through usage and by renewal of identification documents with their birth certificate providing the necessary proof of their previous surname. However, if the woman formally changed surname upon marriage by Deed Poll or by application to the General Register Office, then they would need to revert to their previous name by the same method. This applies to both men and women who have entered into a same-sex marriage or civil partnership.
In respect of any child of a marriage or civil partnership, the consent of both parents is required for any proposed change to a child’s registered name. Otherwise, the parent seeking to change the child’s name must apply to the Family Proceedings Court for a Specific Issue Order and the District Judge and Lay-Panel will decide if the proposed change is in the child’s best interests, taking into account the statutory welfare checklist and no order principle.
A parent who changes their child’s surname without the consent of the other parent may find himself or herself on the wrong end of a Court Order. The Family Courts in Northern Ireland are usually very reluctant to change a child’s name; a stance which accords with the judgment handed down by the England & Wales Court of Appeal in the case of Dawson v Wearmouth and subsequently by the same Court in the 2013 case of Re W (Children).
Many women choose to keep their married surname after divorce in order to share the same surname as their young children, sometimes to avoid confusion and a sense of detachment arising. This can also be practically advantageous for taking the children on holidays abroad and can avoid unnecessary difficulties arising at airports and border crossings.
At Cleaver Fulton Rankin, our Family & Matrimonial Solicitors are experts in Divorce Law and our Private Client Team can provide unrivalled advice and representation for all your personal legal matters.
This article has been produced for general information purposes and further advice should be sought from a professional advisor.
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