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JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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I live and married in Scotland and the registrar informed me

Resolved Question:

I live and married in Scotland and the registrar informed me that under scots law I can choose what name I use. I decided to keep my maiden name as my middle name and use my husband's name as my surname but this is causing me a headache for work/business where I have kept my maiden name. So I'd like to change back to my maiden name. How do I do this? do I need to go through deed poll or can I simply choose to go back?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You can simply choose to revert to your maiden name. If the only document which is different is your marriage certificate then there are very few instances where this would make any difference at all. I assume your passport, driving licence etc are all still in your maiden name. There is no need to change these nor to go through any formal procedure.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.


Ah perhaps I wasn't clear. I did go through the proces of changing my passport, driving license and bank accounts to my husband's surname, and now I want to change these back. In fact my marriage certificate doesn't show a new post-marriage name at all.


So my question is around what I need to do in order to revert to my maiden name. Given that my birth certificate and marriage certificate show my maiden name, but passport, drivers license and bank account show my husband's name.


I think that in English law I would need to go to Deed Poll, however, under Scottish law I have been led to believe that might not be necessary.

Expert:  JGM replied 2 years ago.
In Scotland, you have a choice. You can either do this formally, see www.gro-Scotland.gov.uk/regscot/change-of-name.html or you do it informally and just fill in new forms for passport etc and say that you have elected to revert to your maiden name.

Either is acceptable. Your maiden name is XXXXX XXXXX after all and there is no legal obligation on you to take, or keep, your husband's name.

There is no need for deed poll which is primarily and English law concept as you say.
Customer: replied 2 years ago.


Would it make any difference that I am a Danish national and have a Danish passport?


 


When I applied to change the name on my documents & bank account I was asked to provide my marriage certificate as evidence of the change of name. As I say however, strictly speaking it does not show a name change - this is only implied by tradition. When I go to change the name back I expect to be asked to provide a document to prove the change somehow like a divorce certificate or a Deed Poll. I want to know that/whether I can push back on this?

Expert:  JGM replied 2 years ago.
I can't advise on what the Danish authorities will require although I suspect an Affidavit from you saying in formal terms that you intend to revert to your maiden name will suffice.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7780
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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JGM
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28 years as a practising solicitor.