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General => The Common Room => The Lighter Side => Topic started by: pharmaT on Friday 27 April 18 16:27 BST (UK)

Title: Can someone explain this conversation re certificates
Post by: pharmaT on Friday 27 April 18 16:27 BST (UK)
I have decided  I want to use my maiden name at work which led to what I find was a bizarre conversation with my professional body. since we're referring to law, I'm in Scotland btw.

First I was told it was illegal for a married woman to use her maiden name and I would have to be divorced and then use my divorce papers to be granted a deed poll to change my name or I'd be breaking the law. She then said I had to change my passport.  When I explained I didn't have a passport she claimed it was illegal not to have one for which I had to explain not if I didn't attempt to travel abroad.

After 10min of going round in circles with the above conversation she agreed I should send my birth certificate and get statements from colleagues to confirm they are happy for me to be know by my maiden name (eh?).  So I said "right so birth certificate, marriage certificate and statements?" She said "no just your birth cert" and when I asked "surely it's my marriage certificate that links the 2 names" and she said no.  worryingly she said they only accept England and wales birth certificates and I was born in Scotland so not sure if that means I don't exist  ???
Title: Re: Can someone explain this conversation re certificates
Post by: lizdb on Friday 27 April 18 16:31 BST (UK)
You can call yourself what you like as long as you don't intend to defraud anyone

See
https://www.citizensadvice.org.uk/scotland/family/birth-certificates-and-changing-your-name-s/changing-your-name-s/
Title: Re: Can someone explain this conversation re certificates
Post by: Lostris on Friday 27 April 18 16:31 BST (UK)
A total Dingbat !

Just write to your HR Dept and tell them that as from such & such a date you will be called Ms Maiden-name.

You dont need a deed poll or anything in writing - its your decision.
Title: Re: Can someone explain this conversation re certificates
Post by: pharmaT on Friday 27 April 18 16:33 BST (UK)
You can call yourself what you like as long as you don't intend to defraud anyone

See
https://www.citizensadvice.org.uk/scotland/family/birth-certificates-and-changing-your-name-s/changing-your-name-s/

I know what the law is, sadly I'm having issues with other people understanding it and my professional registration has to be in the same name as my work name.  ACtual work at fine, didn't even ask for certificates as they knew me before I was married.
Title: Re: Can someone explain this conversation re certificates
Post by: RJ_Paton on Friday 27 April 18 21:18 BST (UK)
I have decided  I want to use my maiden name at work which led to what I find was a bizarre conversation with my professional body. since we're referring to law, I'm in Scotland btw.

First I was told it was illegal for a married woman to use her maiden name and I would have to be divorced and then use my divorce papers to be granted a deed poll to change my name or I'd be breaking the law. She then said I had to change my passport.  When I explained I didn't have a passport she claimed it was illegal not to have one for which I had to explain not if I didn't attempt to travel abroad.

After 10min of going round in circles with the above conversation she agreed I should send my birth certificate and get statements from colleagues to confirm they are happy for me to be know by my maiden name (eh?).  So I said "right so birth certificate, marriage certificate and statements?" She said "no just your birth cert" and when I asked "surely it's my marriage certificate that links the 2 names" and she said no.  worryingly she said they only accept England and wales birth certificates and I was born in Scotland so not sure if that means I don't exist  ???

Legally in Scotland a woman retains her maiden name throughout her life.

e.g if Joan Brown marries Fred Smith, in Scotland under Scots Law she would always be known as Joan Brown or Smith. This applies whether she is married divorced or widowed.

Obviously the person you were speaking to  knew about as much of the law as your average goldfish - and as for the "only English or welsh" Birth certificates   :-X
Title: Re: Can someone explain this conversation re certificates
Post by: groom on Friday 27 April 18 21:27 BST (UK)
If I were you, I wouldn't bother to do anything over the phone. Just do as Lostris said and put it in writing. You could enclose copies of the certificates if you wanted to and perhaps get your manager or someone from where you work to write to confirm that is the name that you use. No matter what the woman thinks, the law says you can use whatever name you want. It proves she doesn't know what she is talking about if she says it is the law to have a passport and won't accept a Scottish birth certificate!
Title: Re: Can someone explain this conversation re certificates
Post by: MonicaL on Friday 27 April 18 21:35 BST (UK)
Some advice notes from the NRS:

 Reverting to Birth (Maiden) Surname Following Separation, Divorce or Civil Partnership Dissolution

If your relationship with your partner has ended and you no longer wish to be known by the name you assumed when you married or registered your civil partnership, you can simply let people who hold information about you such as your employer, doctor bank and passport office that you wish to be known as a different name.  This could  be a name you were previously known by such as your birth (or maiden) name.

Banks and certain other organisations may ask to see your marriage or civil partnership certificate and any subsequent divorce or dissolution certificate to explain the change.

Unless you previously changed your name via the change of name procedure carried out by the National Records of Scotland described in this section of our website and your birth entry was revised, you do NOT need to complete any forms to revert to your birth (maiden) surname.

www.nrscotland.gov.uk/registration/recording-change-of-forename-and-surname-in-scotland

Monica
Title: Re: Can someone explain this conversation re certificates
Post by: pharmaT on Friday 27 April 18 21:51 BST (UK)
Some advice notes from the NRS:

 Reverting to Birth (Maiden) Surname Following Separation, Divorce or Civil Partnership Dissolution

If your relationship with your partner has ended and you no longer wish to be known by the name you assumed when you married or registered your civil partnership, you can simply let people who hold information about you such as your employer, doctor bank and passport office that you wish to be known as a different name.  This could  be a name you were previously known by such as your birth (or maiden) name.

Banks and certain other organisations may ask to see your marriage or civil partnership certificate and any subsequent divorce or dissolution certificate to explain the change.

Unless you previously changed your name via the change of name procedure carried out by the National Records of Scotland described in this section of our website and your birth entry was revised, you do NOT need to complete any forms to revert to your birth (maiden) surname.

www.nrscotland.gov.uk/registration/recording-change-of-forename-and-surname-in-scotland

Monica

That's the problem they want my divorce and that is going to take over 2 years and I want to use my Maiden name now, which I'm legally entitled to do, it has always been my legal name.
Title: Re: Can someone explain this conversation re certificates
Post by: Jomot on Friday 27 April 18 23:15 BST (UK)
In your shoes I'd do as suggested by Groom, and also send them a print of that page from NRS with the first paragraph highlighted in a lovely bright yellow.

Title: Re: Can someone explain this conversation re certificates
Post by: Guy Etchells on Saturday 28 April 18 06:39 BST (UK)
I have decided I want to use my maiden name at work which led to what I find was a bizarre conversation with my professional body. since we're referring to law, I'm in Scotland btw.

First I was told it was illegal for a married woman to use her maiden name and I would have to be divorced and then use my divorce papers to be granted a deed poll to change my name or I'd be breaking the law. She then said I had to change my passport.  When I explained I didn't have a passport she claimed it was illegal not to have one for which I had to explain not if I didn't attempt to travel abroad.

After 10min of going round in circles with the above conversation she agreed I should send my birth certificate and get statements from colleagues to confirm they are happy for me to be know by my maiden name (eh?).  So I said "right so birth certificate, marriage certificate and statements?" She said "no just your birth cert" and when I asked "surely it's my marriage certificate that links the 2 names" and she said no.  worryingly she said they only accept England and wales birth certificates and I was born in Scotland so not sure if that means I don't exist  ???


Your colleague was spouting a load of rubbish, if you wish to change your name the only repeat the only way to do so is to start using your “new” name. Nobody has to approve or confirm they are happy for you to be known by your new name (or maiden name) it is your choice and your right.

Devices like deed poll only prove that a change of name has occurred they do not change your name.

Passports, if you have a passport in your old name you can legally use your passport until it expires (there is no legal requirement to change it before) however if you book airline tickets the have to be booked in the name of the person on the passport.
Banks these days will ask for proof of a name change just show them your decree absolute and your marriage certificate

There is one document you do have to change immediately and that is your driving licence. It costs nothing to do so (use form D1) as you can be fined up to £100 if you fail to notify the DVLA of a name change.

Cheers
Guy


Title: Re: Can someone explain this conversation re certificates
Post by: groom on Saturday 28 April 18 08:55 BST (UK)
Quote
.         

I have decided  I want to use my maiden name at work which led to what I find was a bizarre conversation with my professional body. since we're referring to law, I'm in Scotland btw.
                       

I’m just wondering, does that mean you only want to use it at work, but retain your married name elsewhere? Does that make any difference if you wish to be known by two names at the same time?
Title: Re: Can someone explain this conversation re certificates
Post by: pharmaT on Saturday 28 April 18 09:18 BST (UK)
Quote
.         

I have decided  I want to use my maiden name at work which led to what I find was a bizarre conversation with my professional body. since we're referring to law, I'm in Scotland btw.
                       

I’m just wondering, does that mean you only want to use it at work, but retain your married name elsewhere? Does that make any difference if you wish to be known by two names at the same time?

I want to change it completely but thought I'd do it at work first, my bank consider it a "serious criminal offence" for a married woman to use her maiden name.  Their words not mine.  Not that it should make a difference.  It is very much the norm at my work for women to use their maiden name at work and married name at home.
Title: Re: Can someone explain this conversation re certificates
Post by: groom on Saturday 28 April 18 09:36 BST (UK)
I’m afraid people where you live seem to be way behind the times and seriously misinformed when it comes to the law! I hope it is just the opinion of individuals and not the policy. I suppose in the case of the bank they may need proof of names in case you are involved in money laundering or similar, perhaps that what they meant, especially if you are using both names.
Title: Re: Can someone explain this conversation re certificates
Post by: aghadowey on Saturday 28 April 18 11:18 BST (UK)
Imagine that the professional body has a website (some probably more helpful than others). Out of curiosity I picked the Nursing & Midwifery Council one and here's what I found-

Under Registration- Staying on the Register- Updating Your Details-
https://www.nmc.org.uk/registration/staying-on-the-register/updating-your-details/
It’s really important that you’re registered using the same name that you practice in. It helps your patients, the public, and employers to find the right information about your registration.
How do I change my name?
Please use your NMC Online account to change your name. There, we’ll ask you to give us:
- your new name and title
- a copy of the official document confirming the name change (check the table below to see what documents we accept). Please make sure the document is readable when you submit this....


Clicking on the link gives choices which sound similar to what you've been told except for this one which seems to apply in your case-
I’m reverting to a previous surname (for example, a maiden name). I was previously registered with the NMC under this name
please sign a statement to confirm that you’ve gone back to your previous surname “for all purposes” and that you’re no longer using your old name


Of course this may not be the organisation you are dealing with but perhaps they have a similar site with such information.
Title: Re: Can someone explain this conversation re certificates
Post by: groom on Saturday 28 April 18 12:56 BST (UK)
Quote
please sign a statement to confirm that you’ve gone back to your previous surname “for all purposes” and that you’re no longer using your old name

Perhaps this is the problem if at the moment Pharma is using both names?
Title: Re: Can someone explain this conversation re certificates
Post by: Jomot on Saturday 28 April 18 14:07 BST (UK)
my bank consider it a "serious criminal offence" for a married woman to use her maiden name. 

In that case I've been committing a serious criminal offence for 20 years as I've never used my husband's surname!
Title: Re: Can someone explain this conversation re certificates
Post by: JenB on Saturday 28 April 18 14:16 BST (UK)
my bank consider it a "serious criminal offence" for a married woman to use her maiden name. 

I know of several women who are married and who hold bank accounts in their maiden names.
Title: Re: Can someone explain this conversation re certificates
Post by: lizdb on Saturday 28 April 18 14:23 BST (UK)
I agree Jen - a common practice.
Title: Re: Can someone explain this conversation re certificates
Post by: merryhow on Saturday 28 April 18 14:36 BST (UK)

Both my married daughters use their maiden surnames. The only thing that I can think of that links them to their husbands names is their marriage certificates.

Val
Title: Re: Can someone explain this conversation re certificates
Post by: andrewalston on Saturday 28 April 18 15:35 BST (UK)
Presumably this ill-informed jobsworth has started legal proceedings against Tony Blair's wife, who practises law under her maiden name of Cherie Booth.

 ;D
Title: Re: Can someone explain this conversation re certificates
Post by: ThrelfallYorky on Saturday 28 April 18 16:06 BST (UK)
Many women continue to use their original surname after marriage - and on Bank Accounts, etc. Why should it be any problem at all?
Title: Re: Can someone explain this conversation re certificates
Post by: Chilternbirder on Saturday 28 April 18 16:32 BST (UK)
Many women continue to use their original surname after marriage - and on Bank Accounts, etc. Why should it be any problem at all?
Can be an issue if mother travels abroad with children whose own passports are in the father's name. I have heard of this being interpreted at borders as a possible abduction.
Title: Re: Can someone explain this conversation re certificates
Post by: pharmaT on Saturday 28 April 18 16:41 BST (UK)
Many women continue to use their original surname after marriage - and on Bank Accounts, etc. Why should it be any problem at all?
Can be an issue if mother travels abroad with children whose own passports are in the father's name. I have heard of this being interpreted at borders as a possible abduction.

That's write I have been told I cannot take my children on holiday abroad without written permission from their father.  Just as well I cannot afford to go abroad.
Title: Re: Can someone explain this conversation re certificates
Post by: Mike in Cumbria on Saturday 28 April 18 17:08 BST (UK)

I want to change it completely but thought I'd do it at work first, my bank consider it a "serious criminal offence" for a married woman to use her maiden name.  Their words not mine. 

Are you sure you weren't talking to the cleaner? This is garbage, and it's hard to imagine a trained bank employee saying something as stupid as this.
Title: Re: Can someone explain this conversation re certificates
Post by: LizzieL on Saturday 28 April 18 17:24 BST (UK)
Many women continue to use their original surname after marriage - and on Bank Accounts, etc. Why should it be any problem at all?
Can be an issue if mother travels abroad with children whose own passports are in the father's name. I have heard of this being interpreted at borders as a possible abduction.

We have a Dutch friend who has lived and worked in Britain for over 20 years but was not married to her British partner (at the time) with whom she has two children. She was detained at UK border when bringing her children back into UK after a visit to their Dutch grandparents. The children have British passports and use their father's surname. Annoying experience for her, but very frightening for two young teen children. Because of Brexit, she has recently married her partner.
Title: Re: Can someone explain this conversation re certificates
Post by: eadaoin on Sunday 29 April 18 10:03 BST (UK)
Can be an issue if mother travels abroad with children whose own passports are in the father's name. I have heard of this being interpreted at borders as a possible abduction.

That's write I have been told I cannot take my children on holiday abroad without written permission from their father.  Just as well I cannot afford to go abroad.

my daughter just brings her son's birth cert when they travel without her husband.