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Modern conventions regarding surnames and marraieg

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  • Modern conventions regarding surnames and marraieg

    I know that the situation regarding marriage and surnames is now very different from what it was in Victorian times. Three reasons (but not the only three) are that:-
    1) In this post feminist (so I'm told!) era many women resent the convention of taking the man's surname at marriage. It harks back to days when she was seen as a chattel or a possession.
    2) Many couples do not go though with marriage now but simply cohabit
    3) Women prior to marriage are now able to make careers in their own right and in their own name. If a woman has made a name for herself in a given field she may not want to give up that name when she marries.

    My main question is this:-
    What is the convention (if there is one) as to what name women use in the case of divorce? When I was younger it was the case that if a woman was widowed, she retained her married surname, but if she divorced, she often reverted to her maiden name.
    Also in the modern world, if a woman divorces then remarries, under what name does she marry the second time, her maiden name or her married name from her first marriage?
    In Victorian times it seems to be that a woman remarried under the name of her former husband and did not revert to her maiden name.
    In my own family tree my great grandmother, born 1841, married at least 4 times, and in only one case was this due to being widowed. But in every case her name on the marriage certificate is that of her previous husband.
    So her maiden name was Williamson
    1) She married a man named Lawson under the name Dorothy Williamson. He died
    2) She married a man named Gibson under the name Dorothy Lawson. They divorced.
    3) She married a man named Conroy under the name Dorothy Gibson. They divorced (we think)
    4) She married (possibly bigamously) a man named Bell under the name Dorothy Conroy. Bell predeceased her and she may have married again as we cannot find her death under her last known name.
    She is a genealogist's nightmare, especially so as none of these men was my grandfather's father!
    So what are the rules, if any about married and maiden names today?
    Last edited by Chris Scott; 08-23-2012, 11:50 AM.

  • #2
    I'm not speaking from any position of great authority here, but I don't believe there is any formal convention.

    I know three women who have been divorced - one of whom retained her married name and two who reverted to their maiden name.

    Not very helpful I know!

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    • #3
      I'm not entirely sure how it works in England, but I'm assuming that it's the same as here in the US.

      It used to be that marriage automatically conferred a legal name change. So Jane Smith would automatically become Jane Jones. Widowhood or divorce did not revert the name back to the maiden name. So a person would have to pursue a separate legal name change to revert back to the maiden name, which women really only did in extraordinary circumstances. Except maybe for royalty.

      Nowadays, there is a little form you fill out that changes your last name to your husband's last name. It's less involved than a regular name change form. When you get a divorce, if you choose to retake your maiden name, you add it into the divorce decree, and that changes your name back without having to go through the name change stuff.

      Which I know because my sister got married and my parents got divorced two years ago.
      The early bird might get the worm, but the second mouse gets the cheese.

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      • #4
        The convention, as I recall from my youth in UK was:

        Miss Jane Smith marries Mr Bob Jones becomes Mrs Bob Jones

        On widowhood becomes Mrs Jane Jones.

        On divorce (if children in wedlock) probably Mrs Bob Jones (to protect the children).

        In peerage where practice clearer.

        Lady Anne Somename marries the Duke of Anyplace becomes the Duchess of Anyplace.

        If widowed - when there would probably be a new duchess - either: the dowager Duchess of Anyplace, or Anne duchess of Anyplace.

        If divorced she retains her rank, but becomes, Anne, Duchess of Anyplace (see Margaret, Duchess of Argyll, a famous celebrity of my youth).

        Similarly:

        eldest daugter of a family = Miss Smith

        other (younger) daughters = Miss Eliza Smith; Miss Georgina Smith etc

        (I had elderly cousins in the 80s who insisted on that convention.)

        Phil H

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        • #5
          When I married, I took my wife's surname. The officiant was tickled pink about it for some reason--we didn't tell anybody about it beforehand so the first anyonen heard was when the officiant presented us as a couple to the spectators. Stunned silence, puzzled looks, and then hearty applause. Then afterwards people trying to "casaually" ask if the officiant had made a slip-up

          Don't know about elsewhere, but here in Canada it's doubly confusing because the woman has two options if she decides to take her husband's name--she can legally change her name, or she can adopt a "courtesy" name. In the former, her new name is now her name, period. It's on all ID, including her birth certificate and she must use it for all legal contracts. If the latter, then her offical surname is still her maiden name, but she can use her husband's surname on most forms of ID and contracts. However in the event of a divorce, she can merely go back to using her maiden name, wheresas in the in former she would have to once again legally change her name back.

          Ironically, when I got married I didn't have that option, because the idea of the husband adopting the wife's name is still uncommon, meaning that I had to legally change my name in order for my credit cards, driver's license, library cards, cable bill--everything--not to have my maiden name on it. It took my employer 5 freaking years to finally acknowledge my name change, which made doing my tax returns a monumental pain in the tucchus.


          edit: Oh, and when you change your name after marriage (either party), it's a streamlined procedure--you just have to send in an application, a copy of the marriage certificate, and your cash within a set period after the ceremony.
          Last edited by Magpie; 10-26-2012, 08:12 AM.
          “Sans arme, sans violence et sans haine”

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          • #6
            "Ironically, when I got married I didn't have that option, because the idea of the husband adopting the wife's name is still uncommon, meaning that I had to legally change my name in order for my credit cards, driver's license, library cards, cable bill--everything--not to have my maiden name on it."

            You had a maiden name, Magpie? Blimey!

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            • #7
              Originally posted by Robert View Post
              You had a maiden name, Magpie? Blimey!
              Absent any recognized equilvalent for males, "maiden name" is as good a description as any
              “Sans arme, sans violence et sans haine”

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              • #8
                A family friend, from when I was young, married an heiress.

                Her potential fortune had legally to descend in the line of her surname - i.e. it had to go to someone with the surname X. If the obvious heir was surnamed Y (perhaps a married woman) the fortune would descend to the nearest relative called X.

                So this family friend changed his name to from Z to X, but his second son took the name Z as a middle name.

                All this came about because of a long-standing legal entail on the family estate.

                Phil H

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