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Use of name

182 replies

Cassiemum · 09/04/2018 16:19

So I want to start saying I know no one can own a name but my DH divorced his ex some 21 years ago, after a brief marriage. I came on the scene a year later. She kept his name because of the children and them being young. Fine get that. A few years later she got married again and she took his name. When they divorced the ex went back to DH surname....kids now teenagers by this time and thought themselves that this was somewhat off.
Ex then had another relationship and had 2 children by that man...didn’t marry. It has come to our attention a year or so ago she was encouraging them to use my DH surname instead of their actual father...now social media keeps reminding us these children are openly and blatantly calling themselves by my DH surname. Further 2 years ago she moved to the same town as us after applying for a job in our area but lying to family that she wasn’t aware where the job would be...the job advert clearly said! I joke that she is our own personal stalker ....she once told me that when she saw a picture of my kitchen she went straight online to see how she could get one like mine!
Now there is going to be a situation in the future that we will all be at for sake of my step son and I am conscious that the organisation will have been told these children’s surname is ours and assumptions may be made that they are my DH children! I have said I will say something to her but my DH doesn’t feel it would be the right time but I have said I would take her on one side to ask her why she is giving her children false identities? Do you think I should? I keep hoping to see her in the supermarket to confront her !

OP posts:
reddressblueshoes · 10/04/2018 13:48

For @Ophelialovescats and @Magda72 - your name is your name on your birth certificate.

If you want to change it, you need to go through a process to do so legally- be it deed poll, or something else, depending on jurisdiction.

The ONE exception to this, is marriage. If you get married, you can automatically take on the name of your spouse. All you need to do is show via marriage cert to the relevant authorities - be they passport, bank or otherwise- so they know you're not making it up. You don't need to do anything else legally.

Similarly, if you divorce, and you have switched so you only use your married name but want to revert to a previous name, you may need to show this via divorce papers, though that seems a but odd to me as many people (mostly women) use both.

I think that's the point @RepealMay25th is making- marriage confers on you the right to change your name to your spouses in and of itself. You certainly don't have to take it up, but you don't need to do anything else to change your name as you would in any other circumstance.

And so in this case, all she was doing was reverting to the previous name she used before her remarriage and divorce, which doesn't seem so odd.

Crazycatladyx5 · 10/04/2018 13:50

I wish I had NEVER changed my name. Married 1st hubby at 16 cos I was pregnant. Age 25 & with 3 kids together we divorced. I didn't really want to keep his name but didn't want diff name to DCs so kept the surname but became Miss instead of Mrs. Years later pregnant with bfs baby....I wanted her to have my name too so we were gona go double barrelled ...but as my name was actually my ex's my bf wasn't happy that his child should have that name. So we got married.. .I know...STUPID! (Actually it wasn't just the name but was a large part of it). So I used my new DHs name till he left me after 11 years for another woman. It was first day of summer hols..I went into school & changed my name to my maiden name. Changed my daughters unofficially to be double barrelled using my maiden name & her dad's name..But what a nightmare I've had with names. Still not divorced so changed mine by deed poll. DVLA lost my certificate so in process of trying to get another. Some places accept my new driving licence, some want to see the certificate. If I could have my life over I probably wouldnt get married at all....I would definitely always keep my maiden name.

Magda72 · 10/04/2018 14:12

I understand what you're saying @reddressblueshoes. But in this case a second marriage nullifies (so to speak) the first.
I've just checked with a solicitor friend who says that if I remarry & take my new husband's name (ie I legally rescind my 1st husbands name & legally take my 2nd husbands name) then I cannot revert back to 1st husbands name on divorce unless I go through a legal change & I can only do so if I was once legally Mrs. 1st husband.
Furthermore, in my case, if I now decided I wanted to take my exh's surname to have the same as my kids I could not do so as their exists no legal/state documentation to say I ever used his name.
This is Irish law - not sure if it's same for UK.

Bananasinpyjamas11 · 10/04/2018 14:47

I’d still say that legalities aside, a name is very meaningful.

Most women take the man’s name on marriage, so it is not just about picking either name 60/50. A surname is about who your family is. And for many women it is about belonging to the man, having close ties, being his family.

Bananasinpyjamas11 · 10/04/2018 14:47

Oops 50/50!

Bananasinpyjamas11 · 10/04/2018 14:49

And in belonging I don’t mean as property, more as in emotionally.

Ophelialovescats · 10/04/2018 14:51

And in doing so, rejecting the one you were born into 😂

lastnamefirstfirstnamelast · 10/04/2018 14:52

I've in boxed you my situation with my dp's crazy ex

TheCrystalChandelier · 10/04/2018 14:59

If you want to change your name back after divorce then you have to do so by deed pole.

Can you just pick and choose surnames ? yes. I have a friend who didn’t want to change her name back to her maiden name but didn’t want her married name either, so she changed her name to that of one of the local rivers.

pinkyredrose · 10/04/2018 15:05

There's so much wrong info on this thread!

OP wind your neck in and stop stalking her job applications.

Bananasinpyjamas11 · 10/04/2018 15:37

Can you just pick and choose surnames ? yes. I have a friend who didn’t want to change her name back to her maiden name but didn’t want her married name either, so she changed her name to that of one of the local rivers.

Like this!

jmh740 · 10/04/2018 17:13

When my step brother and his wife divorced she kept his name they had 4 children together a few years later she had another child who also has step bros name. I thought it was odd at the time but totally understand as an adult with children. I have the same name as 2 out of 3 of my children I changed ds' s name by deed poll when I split from his dad he now has my step dad's name which is the name I used from 7-35 When I got married

buckeejit · 10/04/2018 18:44

Yabu-not your business & I can understand her wanting her family all to have the same name. She probably feels a bit pussed off that you & your dh are attached to it!

Candlelights · 10/04/2018 19:23

Magda I think Ireland must be different from the UK then. In the UK you can change your name to anything you like (with a few exceptions like "Her Royal Highness" and whatnot). It used to be common for some immigrant communities to anglicise their surnames to make them easier for English speakers to pronounce and help them assimilate.

You can also give a child any surname you like - it doesn't have to be either of the parents. It could be the name of a man who's denying it's his child. All completely legal (and the surname has no bearing on any disputes over paternity). I knew a couple of hippies who used a made up surname for their DD just because of its spiritual connotations.

So you can think what the Ex has done here is weird or odd if you want, but it's definitely not illegal (assuming she's in the UK)

NorthernSpirit · 10/04/2018 20:51

I don’t really care what’s legally right.

I can understand you, your OH don’t feel comfortable. The EW got divorced, remarried, changed her name, had more children (and gave them her EH’s name), gets divorced and then switches her name back. Strange (especially giving another mans children another names surname).

It isn’t ‘her’ name (my opinion). It’s your husbands FAMILY name. A name the family have had for generators. As far as i’m concerned she has no (moral) right to use it. When she divorced she gave up on that right. I totally understand why you would be upset.

Cassiemum · 10/04/2018 21:12

Thank you Magda I use my DH name and with his parents blessing ...poignant as they are no longer with us and did not like his ex...but they made a point they loved me having his name. You know what there is so much more I could put that she has done that signals she has issues with moving on. And I agree surnames came into existence to identify people ....who they were what they were....it’s heritage and dentifies us.
Also I have friends ...quite a few sadly ....who have divorced and some of them have changed their name to their maden name swiftly irrespective of children because they felt this was the way to reclaim their identity and they didn’t see them having a different surname to their kids an issue. I understand this is a personal choice though. My name is the name my father gave me ...my name now is the name I chose to take on but it does not by right belong to me ...
I know that sentiment will not be popular here from some of the comments I have received but it’s my view and mine alone ...thanks again for ALL the comments. All are informative.

OP posts:
Cassiemum · 10/04/2018 21:16

Pinky red rose didn’t stalk job applications saw it as nearly applied for it before I knew she was ...don’t pre judge

OP posts:
Katara · 10/04/2018 21:28

According to a quick google, it is perfectly legal to keep your surname after divorce.

SoupDragon · 10/04/2018 22:38

When she divorced she gave up on that right.

Utter nonsense. I didn’t borrow the name and I’m not changing it back.

NorthernSpirit · 10/04/2018 22:49

@SoupDragon - that’s my opinion. And in my opinion, if you chose to take your husbands married name, it’s not yours to keep post divorce. Why would you want to keep a family name that you are no longer part of?

welshgirlwannabe · 10/04/2018 23:25

Jesus. I just checked back in to see if this thread had got any less patriarchal and depressing but it's got worse. Well done to all of you who have earned the moral right to call yourself Mrs name my hubby lent me. Hope he never wants it back.

DownWithThatSortofTing · 11/04/2018 00:06

And in my opinion, if you chose to take your husbands married name, it’s not yours to keep post divorce

It is though, so your opinion is plain wrong.

jmh740 · 11/04/2018 00:13

My dad's ex wife still has his name 50years after they divorced. Personally I think if you want to keep your married name that's fine if you want to change it that's fine too.

NorthernSpirit · 11/04/2018 07:11

@downwithtgatsortofthing - my opinion isn’t wrong. Look up the word opinion, it’s a persons view or judgement formed, not necessarily based on fact.

Just because my opinion differs to yours, doesn’t make it wrong.

Katara · 11/04/2018 08:08

welshgirl it is the LAW that is patriarchal, until the late 19th century, women were seen as the property of their father and then their husband. Historically, the law exists to protect women in marriage (and divorce) - whether any protections are afforded by keeping your married name after marriage, I don’t know. But I think it is right that if the law and society makes provision for a woman to change her name on marriage and expects her children to take their father’s name, she should be able to keep it? It is her married name.

Patriarchal is saying the husband’s name belongs to him, she can only use it when married to him (it’s his remember) even if their children have it (patriarchy), and she must cease to use it when they divorce and he remarries so he can bestow it on his next wife. It’s his, remember.

The expectation that a woman take a husband’s name is patriarchal. That it remains her thereafter is a logical consequence of that. But she (the woman) has a choice in law whether to retain the name or revert to her married name. That protects her.

Do women need protecting by being called Mrs X and having the same name as their children? Arguably not. Until you get stopped at immigration and asked for every document relating to their birth, residence with you and letter of permission from their father. Until people make judgements based on the different surnames. You get called Mrs X every time someone rings to talk about your child (school etc). If you were married to Mr X and your children are Children Xs, you will be Mrs X in many people’s minds.

I have never taken my children’s father’s name, we are separated and all the things above happen. This thread has made me wonder if I should avail myself of my legal surname on my passport and call myself Katara Y X. It would make travelling easier if nothing else. But that apart, nope, no desire to be called Mrs X. Doesn’t mean everyone feels the same, though.