Divorce/Annulling (And you thought your life was complicated!)

[pumpkins]

Can anyone help! This has got to be the weirdest case in the world.

My husband and I got married, and he decided that he wanted to take my name, rather than his own. We checked if this was okay with a solicitor, who said this was okay and there was no need to do a change of name by deed poll.

Now that I'm trying to divorce him, the courts are refusing the forms because I used his 'new' surname, saying that he had to change his name by deed poll for him to use that name, and that he should continue to use his surname from before we were married.

My question is, as he changed his name when he was about 15 to his step-fathers surname (Which was not done by deed poll) and he used this surname when we married, would this make the marriage null and void as he didn't use his 'proper' surname when we married?!

[thikasabrik]

As far as I understand it, you can use any surname you like as long as it's not with any intent to deceive. You don't have to change it by deed poll. My mum remarried when I was in my teens and I simply started calling myself by my new step-dad's surname. My mum did consult a solicitor who said it was legal, and my new surname was known as an 'assumed name.' A few years later when I needed by birth certificate for a passport all I had to do was supply a letter from an aunt who said that I had been known by the new surname for x number of years. When I got married, I did the same thing - supplied a letter from the same aunt. I eventually got divorced and had no problems. I can't see why the courts are making such a song and dance about it. What does your solicitor say?

[pumpkins]

I haven't consulted a solicitor about any of this yet, and was hoping to avoid it due to the costs - this problem only reared it's head today and I can't get any time off work to see a solicitor.

The courts say that as it is 'official paperwork' we can't use his assumed name - for 'official' purposes it has to be his birth name (which isn't the name he married me with!) unless his name has been changed by deed poll.

[thikasabrik]

All I can suggest is that someone writes a letter (G.P. perhaps?) who will state that he has been known by the assumed surname for x number of years. As I said, it worked for me with my first marriage and the subsequent divorce. The more I think about it, I know other people in exactly the same situation who have had no problems. I think the Courts in your case are nit picking.Ask the clerk to the courts if your marriage is valid.

Good luck anyway.

[mimififi]

don't know it this is relevant?

When I got married my daughter wanted to take my husbands surname too, previously she had had my surname (maiden name) as I had been unmarried (very long story!)

We had to have her name changed by deedpoll (this was about 9 years ago.)  I had her name changed and now have a certificate stamped by a solicitor that I have to keep with her birth certificate and have to present both when needed.

I recntly applied for a new Passport for her and that was a blimming song and dance.  I sent her old passport (which was in her old name) her application form, her b/c and her certificate and still I had to write a letter to say that I have complete parentla responsibiltiy and that her bio father doesn't give a monkeys etc etc...

So, don't know if they are tightening up, I think you will have to speak to a solicitor, or there might be some legislation about it on the Net.???  SOrry I can't be more helpful