Can I keep my ex-partner's surname after the divorce?
December 4, 2023 | 45,00 EUR | answered by Erwin Evers
Dear lawyer,
my name is Jens Gehrmann and I am about to divorce from my wife. We have mutually agreed to go our separate ways and would like to proceed with the divorce as quickly and uncomplicated as possible. Now, the question arises for me whether I can keep my ex-partner's surname after the divorce.
Currently, I bear my wife's surname, which I took on at our marriage. This was a symbolic act of unity and togetherness for us at that time. Now, as we are getting divorced, I wonder whether I can keep my surname or if I have to revert to my birth name.
My concern is that a name change could be associated with bureaucratic and administrative hurdles. I would like to know if it is possible to retain my ex-partner's surname even after the divorce and what steps are necessary for that.
Could you please provide me with information on whether I can keep my surname and how I can legally secure this if necessary? I would be very grateful for your support and guidance in this matter.
Kind regards,
Jens Gehrmann
Dear Mr. Gehrmann,
Thank you for your inquiry regarding your surname after divorce. It is understandable that you are wondering whether you can keep your ex-partner's surname and what steps are necessary for this. I am happy to provide you with information on this matter.
After divorce, you have the right to revert back to your birth name. This is regulated in § 1355 of the German Civil Code (BGB). It is important to note that you must submit a corresponding application to the registry office within one year of the divorce judgment becoming final in order to reclaim your birth name. This application can be submitted informally, either in person or in writing, to the registry office.
However, if you wish to keep your ex-partner's surname, this is also possible. In this case, you must submit an application for name retention after divorce. This application can be made to the registry office or the family court. It is crucial that both parties agree to this name retention. If your ex-partner does not consent, you can still keep the surname if you have a legitimate interest in doing so. This would be the case, for example, if you have children together and wish to maintain their surname.
It is advisable to consult a lawyer for the legal protection of this application to ensure that all necessary steps are correctly carried out. A lawyer can also provide you with comprehensive information on your rights and obligations in this matter.
Overall, it is possible to retain your ex-partner's surname after divorce, provided that both parties agree or you have a legitimate interest. You can legally secure this desire with an informal application to the registry office or family court.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Erwin Evers
