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Name Change After Divorce

Chloe McDermott

| 0 Posts

29 Sep, 2022 09:53

Morning, 

I am hoping someone can assist me with a sanity check! 

We have an employee who has just received her decree absolute and wants to revert back to her maiden name. However, the absolute does not state her maiden name just her married name. Normally, I ask for accompanying documents to confirm that the name has officially changed; either from solicitors or deed poll office. 

The employee has handed me a form this morning from HM Courts and Tribunal Services and there is a section that refers to divorce papers (doesn't state what papers) and states that this is enough to change your surname with your employer. She is quite adamant that she is not paying to change her name. 

I am uncomfortable with changing her surname on payroll and contractual documents without documentation that states she has officially denounced her married name. However, I may be a it out of date as I know there was a change to divorce papers in 2022 and I may have missed something that confirms a decree absolute is enough. 

Does anyone have any advice?

Thank you Slight smile

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  • Joanna Vincent

    | 0 Posts

    29 Sep, 2022 10:04

    We had this recently. The employee gave us a copy of the decree absolute as proof the marriage was dissolved and we changed her surname back to her maiden name on all records including payroll. The employee rang HMRC and they changed it as well without problem. However in our case the employee was employed with us before her marriage so her right to work documentation is all in her maiden name anyway.
  • Steve Bridger

    | 0 Posts

    Community Manager

    29 Sep, 2022 10:16

    Hi Chloe...

    Another relevant thread.

     Employee wants to revert to her maiden name - should I use her requested name or married name in our HR system 

  • Chloe McDermott

    | 0 Posts

    29 Sep, 2022 10:52

    In reply to Steve Bridger:

    Thank you Steve
  • Chloe McDermott

    | 0 Posts

    29 Sep, 2022 10:52

    In reply to Joanna Vincent:

    Thank you Joanne. The employee in question was employed under he married name. My question is how do I know this has all been changed with HMRC for payroll purposes?
  • Teresa

    | 0 Posts

    29 Sep, 2022 10:55

    Is she able to give you a copy of her birth certificate as that would have her maiden name on?
  • Joanna Vincent

    | 0 Posts

    29 Sep, 2022 10:59

    In reply to Chloe McDermott:

    Ask the employee if they have contacted HMRC. If they have then submit payroll with her maiden name on it. I'm sure HMRC will let you know if there's a problem!
  • Chloe McDermott

    | 0 Posts

    29 Sep, 2022 11:15

    In reply to Teresa:

    Thanks Teresa
  • David Perry

    | 0 Posts

    29 Sep, 2022 19:28

    Just to add a little to this.

    When my wife and I married she chose to keep her previous name. Fine by me but it caused one or two little 'issues', with minor officialdom and bureaucrats insisting on calling her Mrs Perry. She simply told them that she wanted to be known by her previous name and that was that.

    As far as I'm aware you can choose to be called whatever name you wish. HMRC don't care what you call yourself as long as you pay your taxes. When I wanted my middle name added to my bank a/c details (to avoid confusion with some one else with a similar name in our village) I simply told them what it was. They asked for no proof. No need for solicitors - unless you like paying them. Obviously - I hope - you can call yourself whatever you like - as long as you are not changing your name for dishonest reasons.
  • Gail

    | 0 Posts

    30 Sep, 2022 08:46

    I've recently reverted to my maiden name following divorce. All banks have accepted my decree absolute plus birth certificate. To change my name with HMRC I just needed to complete an online declaration. Now I have changed my name in my passport several places have accepted that as proof.

    I agree with David that basically you should be able to call yourself what you like as long as it is not for fraudulent purposes. For her specific situation I would accept the decree absolute plus her birth certificate or another document with the new name such as passport or driving licence. If she doesn't have those I would accept decree absolute plus proof she has changed her name with her bank or HMRC or the NHS.
  • Kelly

    | 0 Posts

    6 Oct, 2022 07:40

    In reply to Teresa:

    I agree a birth certificate is legal identity so should be fine