When a couple gets divorced, it can be assumed that the married name will automatically revert to the maiden name once the process has been finalised. However, this is not the case and there are set processes in place that have to be followed.
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There is a longstanding tradition relating to a woman taking the name of her husband after marriage, but it is now enshrined as a human right that individuals can change their name. Some women may decide to retain their married name after divorce so that they have the same name as their children (a child’s surname does not change just because the mother changes hers). Keeping the same surname can make travelling with children easier, since border control will challenge anyone travelling with a child that does not share their surname. However, it is becoming increasingly common for people to want to change their name following a divorce, often to symbolise a new chapter in their lives.
If a person wishes to change their title following divorce, then this can be done without using any formal procedure. It is only where the actual surname is to be changed that the person needs to take certain actions.
Some organisations will accept a change of name application back to the maiden name if this is supported with the Decree Absolute and marriage certificate (since this will detail the married and maiden surname). However, do bear in mind that not all organisations will accept these documents for a name change.
It is more complicated to change your passport back to your previous maiden name and the applicant needs to provide the following:
Decree Absolute.
Marriage certificate showing both the married and maiden name (this will not be returned).
Birth certificate.
Signed statement showing intention to use previous surname for all purposes.
Documentary evidence showing use of the new name (for example, a pay slip or letter from your local council).
An alternative route to changing your name is via deed poll (officially known as a Deed of Change of Name). This will be accepted by all UK organisations and is a legal document. The signee has to commit to:
Abandoning the use of their former name.
The use of the new name at all times.
Requiring everyone to address them by their new name only.
It is also possible to state your preferred title on the deed poll.
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