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Married woman wants to use maiden name...

Married woman wants to use maiden name
"I am married and I am using my husband’s surname in all my documents. Can I change it to my maiden name again? MadelDear Madel, The use of surnames is governed by Title XIII of the Civil Code of the Philippines. Article 370 thereof enumerates the surnames which a married woman may use:Article 370. A married woman may use: 1. Her maiden first name and surname and add her husband’s surname, or2. Her maiden first name and her husband’s surname, or 3. Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.” (emphasis supplied)It should be noted that since the law used the word “may”, the use of the husband’s surname is permissive only and not mandatory. There is no law which imposes upon a married woman an obligation to use the surname of her husband upon her marriage. Hence, she may continue using her maiden name and surname even if she is already married. A married woman has only an option, but not a duty to use the surname of her husband in any of the ways enumerated in Article 370 (Tolentino, Civil Code of the Philippines, Volume I (2004), page 675).However, when a woman opted to use the surname of her husband upon her marriage to the latter, she shall continue to use the same until their marriage is subsequently dissolved or terminated. A marriage may be dissolved by its annulment or declaration of nullity, or by the death of either of the spouses. Hence, you may only resume using your maiden name if your marriage to your husband has been severed by any of the aforementioned reasons. Otherwise, you should continue to use the surname of your husband. To allow a married woman who adopted her husband’s surname to revert to her maiden name while their marriage is validly subsisting would result to undue confusion and inconsistency, not only to her records, but to other people who may be dealing with her.We hope that we were able to address your concern. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net."

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"Married woman wants to use maiden name" was written by Mary under the Legal Advice category. It has been read 229 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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