Can I keep my ex-partner's last name after the divorce?
April 2, 2022 | 40,00 EUR | answered by Johann König
Dear lawyer,
My name is Wolfgang Ullmann and I am currently going through a divorce. During our marriage, I took on the last name of my ex-partner and now I am wondering if I can revert back to my original last name after the divorce, or if I have to keep my ex-partner's last name.
My wife and I met five years ago and got married three years ago. During our marriage, I chose to take on her last name because I liked it better and wanted to have a shared family name. Unfortunately, our marriage did not turn out as we had hoped and we have now decided to get a divorce.
My concern now is that I may have to continue using my ex-wife's last name after the divorce, even though I would like to go back to my original last name. I feel more comfortable with my old last name and identify more with it.
Can you please tell me if it is possible to revert back to my original last name after the divorce, even though I took on my ex-wife's last name during the marriage? What steps do I need to take for this and are there any legal hurdles I need to be aware of?
Thank you in advance for your help.
Sincerely,
Wolfgang Ullmann
Dear Mr. Ullmann,
Thank you for your inquiry regarding changing your name after a divorce. It is understandable that you are considering what surname you would like to have after the divorce and whether it is possible to revert to your original surname. I would be happy to assist you in this matter.
After a divorce, you have the right to revert to your original surname. This applies even if you took on your partner's surname during the marriage. Returning to your birth name or another previous name is legally regulated in Germany and possible as a name change according to § 1355 of the Civil Code.
To revert to your original surname, you must submit a request to the registry office. In this request, you state the name you wish to use in the future and typically attach a certified copy of your birth certificate. The registry office will then review your request and decide on the name change.
It is important to note that the name change can also be regulated in the marriage contract or divorce agreement. If you and your ex-wife agree that you may revert to your original surname, this can be included in the divorce agreement. However, if there are disagreements, you still have the right to revert to your original name.
There are usually no legal obstacles that would prevent a name change after a divorce. However, it is advisable to inquire early on about the exact requirements and necessary documents to make the process as smooth as possible.
I hope this information has been helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Johann König
Attorney at Law
