Pros and cons of taking his last name
AFTER getting married, many women look forward to bearing the name of their husbands and quickly have their documents changed to reflect their fresh start.
And while there is absolutely nothing wrong with doing this, many people often wonder what the ramifications will be if the relationship goes sour and a divorce is granted.
Attorney Margarette Macaulay says a married woman can merely choose to adopt her husband’s surname and just start to use it without any formal legal act, and it then permanently becomes her identity by adoption. She just has to inform offices and agencies of her new name, and it’s often accepted informally. However, when she divorces, all Government agencies and private concerns require a formal change by deed poll. This is so because once she adopted and used the ‘married’ name, then that became her true and legal identity, so when a change becomes necessary, she must effect the change formally.
Note that there is no legal requirement that any wife must adopt her husband’s name, but once she chooses to, it becomes her identity legally. Then once she has all her documents of identity issued in her adopted name, if in the future she wishes to drop it and change back to her maiden name, she would have to effect another change of her identity — by deed poll.
“Persons have their identification cards and/or documents bearing the last names of their husbands which would have to be changed, and there is quite a cost involved in doing so,” attorney Michelle Thomas told All Woman.
“Some people can’t bother, and just keep it and continue with the identification as is, and others have to change over because they are going to possibly remarry and you can’t have the double last name if you’re going to remarry.”
Thomas added: “The choice of taking the man’s name is a personal one, and some persons are very passionate about keeping their father’s lineage pure through his name, whilst others welcome the new name as evidence of change and new beginnings.”
If you are a well-established person professionally, taking your husband’s name may result in a struggle for you to be easily recognised for your achievements. It is usually suggested that this be done if you are in the beginning stages of your career, or you simply hyphenate so people can recognise it’s still you by your maiden name.
Other ramifications of taking your husband’s name include difficulty accessing bank records under your old name, so it is important that if you choose this route you take your name change paperwork with you to the bank and other financial institutions and change your name with these companies.
Of note, a name change will not get you out of a contract, but may require you to provide documentation of the name change if you ever need to enforce the terms of the contract.
Also, name changes do not get you out of legal trouble, nor help you to evade prosecution, nor give you a new identity and a clean record.
Thomas said that apart from issues with divorce, the decision to take your husband’s last name involves more good than bad.
She said bearing your spouse’s name is beneficial when dealing with assets and documentations — the process is less tedious.
“It is beneficial to have the husband’s name, especially when doing business, as you don’t have to be constantly proving your relationship,” she said.
“Also, when your husband dies and you have his last name, it is easier to conduct business as his representative, on behalf of him,” she pointed out.
