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Using your maiden name after a divorce

A READER WRITES to say that she has been divorced for seven years and wishes to go back to using her maiden name but she was told that she has to get a Deed Poll

Just by way of background, let me state that I know of no law within our jurisdiction that requires a woman to take the surname of her husband upon marriage. It has been a matter of practice, which seems to have crystallized into custom, rather than as a matter of law when this occurs.

In fact, both parties (wife and husband) would, under normal circumstances, sign in their own names as given at birth on the marriage certificate. The marriage, in itself, does not in any way legally affect the registered names of the parties.

So after marriage, a wife who decides to take the name of her husband is not required to change her name as registered by any legal means. Her birth certificate therefore remains unaltered for all intents and purposes.

The usual practice for a wife who wishes to assume her husband's surname is for her to use a certified copy of her marriage certificate along with appropriate means of identification to point to her change of use of name.

She can seek to have this entered on the records of the places and institutions where she usually conducts business or intends to conduct business. For instance, her place of employment, the bank, the Collectorate, the TRN Office, institution of learning to which she might be enrolled, and so on...

After a divorce, the decree absolute will evidence the dissolution of the marriage. Up to the time of divorce, a woman's name should still be the same on her birth certificate as it was before she was married. Her birth certificate therefore, unless changed for some other reason, should bear her maiden name.

For a woman to revert to the use of her maiden name, there is no requirement that any legal steps be taken. It is the usual practice to indicate in writing for the purposes of record to the relevant government agency, bank, other institutions or persons with whom she has been conducting business in her married name of her decision to revert to the use of her maiden name.

In such circumstances, an attested copy of the decree absolute, which bears the seal of the Supreme Court, should be furnished along with any other documents of identification, if necessary.

In sum, a divorced woman can simply revert to the use of her maiden name and a written notice to this effect be given along with the decree absolute exhibited in circumstances where she is already on record as using the surname of her husband.

This in my view should be sufficient. My advice then is that to the best of my knowledge, information and belief a Deed Poll is not required in such circumstances and perhaps should not be used in this manner.

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