03 Nov CAN YOU USE YOUR DIVORCED SPOUSE’S LAST NAME?
According to the Turkish Civil Code, a woman takes her husband’s surname upon marriage. In case of divorce, the woman retains the personal status she gained by marriage; however, she takes the surname before marriage again.
“However, this situation can lead to the loss of important gains made in social life during the divorce, during the marriage, and deterioration of the social situation. Due to the aforementioned situation, the law has granted the right to use the surname of the divorced woman to the woman who has an interest in using the surname of her divorced husband. According to the law; If a woman proves that she has an interest in using the surname of her divorced husband and that this will not harm her husband, the judge may allow her to bear her husband’s surname. As can be seen, the decision of a woman to bear the surname of her divorced husband depends on the realization of two conditions together.
* The first of these is that the woman has an interest in carrying the surname of her divorced husband.
· The other is to prove that the use of the surname of the divorced husband of the woman will not harm the husband.
Since the use of the divorced husband’s surname by the woman is a matter that will also affect the divorced husband, the law has granted the right to file a lawsuit to cancel the permission granted to the woman in case the conditions mentioned above change. The husband of the divorced woman’s husband is not enough for the husband to request the removal of the permission given to the woman, and it is also necessary to prove that the woman’s interest has disappeared or that the use of the woman’s surname harms her. Otherwise, the case will be dismissed.
These cases related to the cancellation of permission and permission arising from Family Law are heard and decided in family courts.