C. Change of Name
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 15-16 |
Page 15
It has been traditional for the bride to take the surname of the bridegroom after their marriage. This tradition is based on convention and is not a legal
Page 16
requirement. In the absence of any statutory provision to the contrary, any person may assume the surname of his or her choice, provided that its use is not calculated to deceive or inflict pecuniary loss. A bride is, therefore, free to retain her birth name in preference to adopting her husband’s surname or they may agree on some hybrid form of their joint names. When persons marry and give birth to children, however, statutory restrictions are often imposed that restrict their ability to change their surnames at will. In Canada, such legislation is found in provincial and territorial Change of Name Acts. These statutes sometimes require applications for a change of family surname to be made through the courts. The current trend of legislation, as...
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- Chapter 2 - Marriage
- A. Engagements
- B. Property Disputes on Termination of Engagement
- C. Change of Name
- D. Marriage: Status or Contract?
- E. Definition of Marriage; Monogamous and Polygamous Marriages
- F. Formal and Essential Validity
- G. Jurisdiction
- H. Void and Voidable Marriages
- I. Absence of Consent
- J. Legal Capacity
- K. Non-consummation of Marriage
- L. Bars to Annulment
- M. Religious Annulments and Divorce
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