Explainer: Why you need your husband's consent to reclaim your maiden name

While changing one's name after marriage is a long-standing tradition in Kenya, reclaiming a maiden name can present unexpected challenges, especially for women who remain married. For many women, adopting their husband's surname feels like a natural step in starting a new chapter. However, few anticipate the difficulties of reverting to their original name later, one of which is the potential need for a husband's consent. Imagine wanting to reclaim your former identity, only to find that your spouse refuses to grant consent. This legal grey area, where a partner's approval is required for such a personal decision, raises questions about autonomy and rights within marriage. According to Njeru Benjamin, an advocate of the High Court, a man's (husband) National Identification Card is needed when a woman takes his surname. Once the name change is completed, the wife is legally considered "his responsibility." Therefore, his consent is required to revert to her maiden name. "In a marriage, if you no longer want his name, you'll need his consent to change it back," Njeru said on Thursday, September 5 on Spice FM. The advocate, who has specialised in family law also explained that if a parent wishes to change a child's name after the age of two, or wants to travel abroad with the child, the father's consent is required, regardless of whether he supports the child. The only scenario where a man's consent is not needed is after divorce. "For divorced couples, the woman only needs to provide an absolute decree, proving the marriage is dissolved, to apply for a name change," Njeru added. For single people, the process is more straightforward. They must apply for a name change through a deed poll under the Registration of Documents Act, submitting a birth certificate, ID, a statutory declaration from someone who knows them, a letter from their area chief, and fingerprints from the NSSF. The advocate also noted the importance of understanding the complexities of name changes. What may seem like a simple gesture of unity can lead to unforeseen legal and emotional complications if circumstances change. It is crucial to consider the long-term implications before deciding to alter one's name.

Explainer: Why you need your husband's consent to reclaim your maiden name

Get Full Access for Ksh299/Week.

Related Topics

Popular this week

Latest Stories

The Standard Insider

Digger Classified

GET OUR NEWSLETTER

CONNECT WITH US

FOR THE LATEST JOB ADVERTS

DIGGER JOBS

Digger Motors

Digger Real Estate

Explainer: Why you need your husband's consent to reclaim your maiden name

Get Full Access for Ksh299/Week.

Related Topics

Trending Now

Popular this week

Latest Stories

The Standard Insider

Digger Classified

GET OUR NEWSLETTER

CONNECT WITH US

FOR THE LATEST JOB ADVERTS