Can I keep my ex-partner's name after the divorce?
May 12, 2023 | 40,00 EUR | answered by Anna Richter
Dear lawyer,
My name is Katrin Weber and I am currently in a difficult situation as I want to divorce my husband. One question that is particularly concerning me is the possibility of keeping my ex-partner's name after the divorce.
During our marriage, my ex-partner and I decided to take on his last name as we thought it would strengthen our bond. Now that we are getting divorced, I am wondering if it is possible for me to continue using his name, as I already identify with it and also use it professionally.
My concern is that after the divorce, I may have to revert to my maiden name, which would be a personal setback for me and could also have professional consequences. I would like to know if there is a legal way to continue using my ex-partner's name after the divorce without causing any issues.
Can you show me possible solutions on how I could keep my ex-partner's name? Are there any legal options or agreements that would allow this? I would greatly appreciate your professional assessment and support on this matter.
Thank you in advance for your help.
Sincerely,
Katrin Weber
Dear Ms. Weber,
Thank you for your inquiry and your trust in my expertise in the field of divorce law. The question of whether you are allowed to keep your ex-partner's surname after the divorce is actually a frequently asked and important question regarding name usage after a divorce.
In Germany, it is generally the case that after a divorce, you have the right to revert to your maiden name. This is regulated in § 1355 of the Civil Code (BGB). However, there are also exceptions and options to maintain the married name even after the divorce.
One option to continue using your ex-partner's surname after the divorce would be through a name change according to § 1618 BGB. In this case, you can apply to the registry office to retain the married name if there are important reasons. These reasons could be, for example, professional or personal reasons that justify continuing to use your ex-partner's name.
It is important to note that the registry office will individually assess whether the requirements for retaining the married name are met in such cases. Therefore, it is advisable to comprehensively explain the reasons in your application and, if necessary, provide evidence to support your arguments.
Furthermore, there is the possibility of reaching a name agreement with your ex-partner, in which you both agree mutually that you may continue to use his surname after the divorce. This agreement should be documented in writing and ideally notarized to ensure legal certainty.
I recommend consulting with a family law attorney in a personal meeting to discuss your individual situation. An attorney can show you tailored solutions and support you in pursuing your request.
I hope that this information has been helpful to you and I am available for any further questions.
Best regards,
Anna Richter
Attorney specializing in divorce law
