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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Changing surname after divorce

14 replies

toots107 · 30/03/2021 23:10

Hi,
My decree absolute came through a couple of months ago and I've decided I want to go back to my maiden name. I hesitated because it will mean having a different surname to my kids, but they're not bothered and I really want rid of my married name! I know it can cause bother if I want to take them out the country on holiday...is there anything else I should think about? And am I best changing it by deed poll, or just using my decree absolute and marriage certificate as proof?
Thanks

OP posts:
BatshitCrazyWoman · 31/03/2021 17:44

I'm interested in this too OP. Except I don't like my maiden name with my first name, so I want to change it to my late mother's maiden name.

MazekeenSmith · 31/03/2021 17:45

It doesn't cause any bother. Take a photo of their birth certificates and keep them on your phone for when you travel.

toots107 · 31/03/2021 22:25

Good tip Mazekeen, thanks. I'm pretty much decided on changing, I'm just worried there's something I haven't thought of and there will be no going back. I'm so ready not to have his name though, I realised very quickly after marrying that it was a mistake to change but kept it for 10 years.

OP posts:
MissCherryCakeyBun · 31/03/2021 22:49

I changed by by Deed Pol it's free to do and was brilliant for my mental health.
My daughter is 29 and has has a surname that's a mixture of mine and her dads all her life. Mines hyphenated Mrs Cakey-Bun and her Dad is Mr Biscuit so she is Miss CakeyBun-Biscuit. It's never caused any problems and have traveled widely over the years.
Do what's good for your mental health. And congratulations on the Divorce

colouringindoors · 02/04/2021 09:59

I'm wondering this too. For similar reasons too OP.

Last night my dcs also said they'd like to add my maiden name to their names, maybe double-barrelled, maybe adding it on after their current surname. Both of which I would imagine would involve paperwork... This isn't the first time they've said this by a long shot, so I'm going to look into it.

Congrats OP.

GemmaFoster · 04/04/2021 02:38

You can just use your decree absolute to change your name if you are going back to maiden. Best one to start with is driving licence. You can get certified copies of your DA made at any main post office. Your marriage certificate will be part of your divorce file so use your birth certificate for proof of maiden name.

Shmithecat2 · 04/04/2021 14:28

Taking a birth certificate when travelling aboard won't really help if by chance you do get asked for documents to prove you're allowed to travel with children - the BC only proves who the parents are. It does not prove PR, and it's agreement from all those with PR that you need.

MazekeenSmith · 04/04/2021 14:33

@Shmithecat2

Taking a birth certificate when travelling aboard won't really help if by chance you do get asked for documents to prove you're allowed to travel with children - the BC only proves who the parents are. It does not prove PR, and it's agreement from all those with PR that you need.
That applies whether married or divorced, same name or different.
tribpot · 04/04/2021 14:38

Taking a birth certificate when travelling aboard won't really help if by chance you do get asked for documents to prove you're allowed to travel with children
No, this is true, but from experience I am only ever asked for the birth certificate. I carry a permission letter from DH every time I travel with DS and I've never been asked for it, only for proof I really am DS' mother. (And, like most of us who go through this quite regularly, only on re-entry to the UK, never on the way out of it).

Shmithecat2 · 04/04/2021 14:39

@MazekeenSmith I know, I was just pointing out that contrary to what you posted a BC is NOT enough in this scenario.

Shmithecat2 · 04/04/2021 14:41

@tribpot

Taking a birth certificate when travelling aboard won't really help if by chance you do get asked for documents to prove you're allowed to travel with children No, this is true, but from experience I am only ever asked for the birth certificate. I carry a permission letter from DH every time I travel with DS and I've never been asked for it, only for proof I really am DS' mother. (And, like most of us who go through this quite regularly, only on re-entry to the UK, never on the way out of it).
I know it's true, that's why I posted it. Your experience is fine, but it's also anecdotal.
MazekeenSmith · 04/04/2021 14:43

I've posted this on here before and people get irritated but it's the truth - I was told by a detective inspector that the 'permission from people with PR' law is only applied when it needs to be - for example when there is a court order in place or a border alert. This is also my experience- I've never been asked for consent from anyone else to travel and I've travelled alone with DS literally dozens of times.
In reality nobody at the border knows who has PR for a child. There is no register of which children have fathers with PR and which don't, which children have step parents with PR or same sex partners or grandparents with special guardianship orders or local authorities with care orders. Given the numbers of children travelling daily it would be impossible and undesirable to try to ascertain that consent is in place for every child.
All the border guards are interested in is confirming they are travelling with a parent or if not, that the parent has given consent.

Shmithecat2 · 04/04/2021 15:02

@MazekeenSmith

I've posted this on here before and people get irritated but it's the truth - I was told by a detective inspector that the 'permission from people with PR' law is only applied when it needs to be - for example when there is a court order in place or a border alert. This is also my experience- I've never been asked for consent from anyone else to travel and I've travelled alone with DS literally dozens of times. In reality nobody at the border knows who has PR for a child. There is no register of which children have fathers with PR and which don't, which children have step parents with PR or same sex partners or grandparents with special guardianship orders or local authorities with care orders. Given the numbers of children travelling daily it would be impossible and undesirable to try to ascertain that consent is in place for every child. All the border guards are interested in is confirming they are travelling with a parent or if not, that the parent has given consent.
And how does just a birth certificate prove that the other parent/other person with PR has given consent? I'm in half agreement with you - 90% of all my foreign travel with my son has been without dh, and I'be never been asked to produce any kind of consent from him.

As per the law, you should be able to provide proof of permission from all those with PR if you do get asked to. I know this doesn't happen very often, but there are a few very zealous border officials that do ask for it, and technically, a BC does not prove PR or consent alone.

MazekeenSmith · 04/04/2021 15:12

It doesn't. I didn't claim it did. It DOES prove parentage, which is all border guards are interested in.
My point was that the law exists but it is not applied blanket wise to any and all parents travelling with children, but only where there is reason to believe that consent may NOT be in place for example when someone has reported a child to the police as having been abducted.

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