Do I Have To Change My Name After Marriage? By Nnebe JC

I remember Kamsi’s (pseudonym) excitement when she informed me of her wedding. “JP, guess what? Wow! I am getting married. I am feeling on the top of the world; no more lonely nights,” she said, shyly flaunting her diamond ring. Not long after Kamsi’s joyous news, however, the mirth was over. It was time to face the reality of marriage. “JP, it is unfair. Why would I have to change my surname? This name means a lot to me. You remember my wall of plaques and certificates. C’mon, I have even published an internationally recognized essay!”
By the fact of marriage, spouses legally owe each other a number of duties, which are collectively referred to as consortium. Simply put, consortium is a name for the bundle of rights a spouse enjoys. Change of name on the part of the wife is one of these consortiums. Newlyweds may find it convenient to change their surname when they are married to the Dangotes, Adenugas, Alakijas, y’know, the famous families. However, when the prospective name has little to no fame, more women are beginning to query this long-established tradition. Notwithstanding, it is important to note that fame is not the only reason this tradition is being questioned today.
In my view, I do think that a woman adopting a new surname is a worthy sacrifice for the stability of the family. Since legally, the genealogy is also patriarchal, it would spell anarchy for their children to have two surnames to choose from. Nonetheless, in some cases, change of name is not mandatory. In statutory marriage, a wife “may” change her husband’s surname as was held in Cowley v. Cowley [1901] AC 450,460. The word “may” above is discretionary and not mandatory. There is no legal requirement for change of name. To illustrate, when the marriage certificate is filled and signed, the certificate is a sufficient evidence for change of name provided that the marriage certificate records both the wife’s maiden name and the husband’s surname. It is to be noted that if the certificate is signed before the wedding ceremony, it won’t give the new name a legal effect, but, when done after the marriage ceremony, it is legally binding. The wife will then take up the procedures of changing to the new surname and publishing same on the local newspaper of her choice. This can be done only if the wife chooses to use her husband’s surname in any legal document.
However to avoid the hassles with the process, compounding both surnames is becoming popular, example Okonjo-Iweala. This is legally acceptable. It is interesting that there are men who are not comfortable with this option. A recent case in Lagos customary court had a man filing to end a 35 year old marriage because the wife refused to adopt his name. This for me is an unnecessary fuss. Marriage is not for the male counterpart alone. It should be a mutual commitment.
Nevertheless, customary marriages in Nigeria demand the change of name. For instance, in Igbo traditional marriage, once the rites are completed and bride price paid, the woman automatically takes up her husband’s name. The wife has to change the name and there is no room for discretion. She only regains her maiden name if divorced.

Is the adopted name changeable?
A wife can retain the adopted surname- even after a marriage is ended by either a divorce or death of the husband. In a statutory marriage, it has been held that a husband has no right to stop his divorced wife by injunction from using his surname unless it is proven she is doing so for the purpose of defrauding him or others (Cowley v. Cowley (supra)).
In customary marriages, however, the process of divorce is not complicated. A divorce contract is met when both families reach an agreement and the bride price is paid back to the husband through the middle man. The divorced wife retains her father’s surname until she remarries. In the case of the death of a husband in a customary marriage, the wife retains the husband’s name. A lady, for professional reasons, might decide to retain her maiden name and may not assume her husband’s name in marriage. In this case, change of name is not necessary.
Women who wish to enjoy the discretion of change of name may consider contracting their marriage under the Act (statutory marriage) even after customary marriage. Change of name, however, is not relegated to wives alone. A husband may change his name to his wife’s maiden name, if he so wishes.

J. C Nnebe, Esq.
+234-81-639-11683