Contrary to popular belief, marriage does not automatically result in a change to the wife’s surname. Nevertheless, in England and Wales a marriage certificate is the only document required to enable a wife to formally change her surname to that of her husband. By providing the original marriage certificate she can change her name with the Passport Office, the DVLA and her bank as well as other organisations where her maiden name is recorded. This is because there is an assumption that the wife will wish to change her surname to that of her husband.
There is however no formal recording on the marriage certificate that a change of name has taken place. Outside of England and Wales there is not always an automatic assumption that the wife’s surname will change. In certain countries any change of name that is to take place as a result of the marriage is formally recorded on the marriage certificate and a marriage certificate not recording the change of name would not be evidence of a change of name having taken effect. So, an English marriage certificate, which does not of course show the wife’s married name, would be insufficient evidence for the Swiss authorities and a change of name deed would be required in these circumstances.
In the event that a British Citizen marries outside of England and Wales, so long as the marriage certificate is provided (with a translation if necessary) there is no further evidence of change of name recording necessary to enable official identification documentation to be amended in the same way that it would be accepted had the marriage ceremony been conducted in England and Wales.
For many years it has been recognised that professional and business women may not wish to automatically change their surname due to the reputation that they have built using their maiden name. More recently however, there appears to be a changing trend in relation to name changes following on from marriage. Many spouses are opting for a double barrelled surname incorporating both the husband and wife’s surname. There is also a trend for the wife to change her name so that her maiden name becomes her middle name.
The question is therefore not whether a marriage certificate should automatically result in a change of name, but whether it should now be accepted that a wife may not automatically wish to replace her maiden name with that of her husband and whether the marriage certificate should formally record the name by which both spouses wish to be known after the marriage. Whilst this would appear practical, it is most unlikely that this will happen any time in the foreseeable future.
A marriage certificate does not automatically change a woman’s name but can, in many circumstances, be sufficient evidence of the change. Where it isn’t enough, or where anyone married or not wishes to change their name, then a change of name deed can be prepared.
A woman wishing to retain her maiden name need not take any action and can continue to use her maiden name as before.
If you would like more information or to change your name officially please visit our T&E NameChange web page.
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