Can I keep my ex-partner's name after the divorce?
April 25, 2023 | 30,00 EUR | answered by Johann König
Dear lawyer,
My name is Mia Buchner and I am on the brink of getting a divorce. My ex-partner and I have mutually decided to go our separate ways. Now, the question arises whether I can keep my current married name after the divorce, or if I am automatically required to revert back to my maiden name.
During our marriage, my ex-partner and I had children together, for whom I also chose to use my ex-partner's last name. It is important to me to continue to have the same last name as my children after the divorce to maintain a certain continuity. Additionally, I have used my married name in all official documents and contracts, and I do not want any difficulties in changing my name.
So, can I keep my ex-partner's last name after the divorce, and if so, what is the best way to proceed? Are there any legal steps I need to take, or is it enough to continue using the name? I am concerned that a name change could cause additional effort and costs, and I would like to know if there is a way to keep my married name.
I would greatly appreciate your advice on this matter and thank you in advance for your help.
Best regards,
Mia Buchner
Dear Mrs. Buchner,
Thank you for your inquiry regarding name change after your divorce. It is understandable that you are thinking about which name to keep after the separation and what legal steps are necessary. I will explain to you in detail the options you have and how you can proceed best.
After a divorce, you have the right to either revert to your maiden name or keep the married name you used during the marriage. This applies even if you took your ex-partner's surname during the marriage. So, you have the freedom to choose whether you want to keep your married name or not.
In your case, where you also want to have the same surname as your children, I recommend that you keep your married name even after the divorce. This would ensure some continuity for your children and avoid potential confusion. However, to continue using your married name, you will need to take some legal steps.
Firstly, you should include in your divorce decree that you wish to keep your married name. This can be agreed upon during the divorce proceedings or you can apply for it afterwards at the family court. It is advisable to document this agreement in writing to avoid misunderstandings.
Furthermore, you should inform all relevant authorities and institutions about your decision. This includes the registration office, the civil registry office, your bank, insurance companies, employer, etc. You will generally need to provide these entities with a copy of your divorce decree or other official confirmation to change your name in your documents.
It is important to note that while a name change after divorce may involve some effort, it should not incur any additional costs. Nevertheless, I recommend that you inform yourself in a timely and comprehensive manner to avoid possible difficulties or delays.
I hope this information helps you and adequately answers your question. If you need further assistance or have any other questions, I am at your disposal.
Sincerely,
Johann König
Attorney specializing in divorce law
