Divorced surname help

Just wondering if anyone knows wether a divored woman can still use her ex husbands surname legally.The reason why is my partners ex wife is doing something illegal and its only a matter of time before she gets caught.If she is still using his surname the local paper usually prints all the court cases and its not a very common name,would be embarrassing for him.Does anyone know is she is still entitled to use her married name even though she`s divorced.
:A :shocked::shocked: :A
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Comments

  • SugarSpun
    SugarSpun Posts: 8,559 Forumite
    My husband's practice wife still uses his name and I vaguely think he went to court to try to stop her and failed.

    She could change it to anything she chose by deed poll so I suspect your partner is out of luck in claiming it's "his" name and she isn't entitled to use it.
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  • kalaika
    kalaika Posts: 716 Forumite
    RockGypsy wrote: »
    Just wondering if anyone knows wether a divored woman can still use her ex husbands surname legally...

    Yep. My MIL does exactly that. Divorced about 10ish years ago and still uses her married surname.
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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    This question comes up a lot.

    The short answer is yes, she can use any name she wishes.

    In anycase it is not 'his' name. She legally changed her name to his when she married him, so it is now legally her name.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Trazy
    Trazy Posts: 2,863 Forumite
    Part of the Furniture Combo Breaker
    I still use my married surname, was going to change it but never got round to it
    If you tell the truth you don't have to remember anything. - Mark Twain
    Nappies and government ministers need to be changed frequently and for the same reason
  • Minxy_Bella
    Minxy_Bella Posts: 1,948 Forumite
    I think most divorced women hang on to their married name, to be honest - usually for the sake of the children.

    My mum was divorced 30 years ago but still uses her married name and I kept mine until I remarried. I still get called by my previous name by my kids' schools, though, as it's all too tricky for them to remember that I have a different name to that of my children.

    I'm sorry but I don't think that there's much your OH can do about it. If what his ex is doing is illegal and he has proof, why doesn't he shop her to the police?
  • elvis86
    elvis86 Posts: 1,399 Forumite
    I'm sorry but I don't think that there's much your OH can do about it. If what his ex is doing is illegal and he has proof, why doesn't he shop her to the police?

    I think the point is that the authorities have caught up with her, and the OP's husband is fearful that the media will report on it.

    Unfortunately, as others have said, your husband has no legal right to control the use of the surname, rare as it may be. In theory, anyone could choose to adopt it by deed-poll, you wouldn't even have to marry him.:cool:
  • pigpen
    pigpen Posts: 41,152 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My OH has one of the rarest surnames in the world.. and my ex has a pretty uncommon name too.. The only thing I do not hve my exH's surname on is my hospital notes.. I dont want my new baby having his surname on the birth certificate.

    But there is nothing to stop me giving this new baby the ex's surname if I so choose.. it is my surname so I can use it as I see fit!.. and my solicitor said so.. heehee..
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  • RockGypsy
    RockGypsy Posts: 575 Forumite
    Part of the Furniture Combo Breaker
    Thanks everyone for your quick replies,sounds like theres not much he can do.Is only a matter of time before she gets caught so he`ll just have to grin and bear it if it gets in local paper.:D
    :A :shocked::shocked: :A
  • RockGypsy
    RockGypsy Posts: 575 Forumite
    Part of the Furniture Combo Breaker
    Ive got another question,hope you don`t mind.I changed my name by deed poll few years ago so ex couldn`t trace me.I would like to revert back to my birth name,would I have to change it again or just start calling it myself.
    :A :shocked::shocked: :A
  • elvis86
    elvis86 Posts: 1,399 Forumite
    pigpen wrote: »
    My OH has one of the rarest surnames in the world.. and my ex has a pretty uncommon name too.. The only thing I do not hve my exH's surname on is my hospital notes.. I dont want my new baby having his surname on the birth certificate.

    But there is nothing to stop me giving this new baby the ex's surname if I so choose.. it is my surname so I can use it as I see fit!.. and my solicitor said so.. heehee..

    Why would you want to give your new baby your ex's surname..? And how would your current partner feel about that? Lol. Or is he not the father?
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