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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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, I got divorced a couple of years ago (Edinburgh)

Resolved Question:

Hello,
I got divorced a couple of years ago (Edinburgh) and due to my state of mind when completing the paperwork (mother passed away) I did not fill in the section asking the courts to get my ex-wife to change her name back to her maiden name.
Now I'm looking to get married again and this is causing issues with myself and my fiancee.
I've spoke to my ex and she is adamant that she will not change it.
Is there anything I can do from a legal point of view?
Thanks in advance
Russell
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
There is no section in any Scottish divorce application form whereby a husband can ask the court to get a wife to revert to her maiden name. You have misremembered the situation from your divorce and I'm sorry that this has caused issues with your current fiancée.
It should not be doing so as there is nothing you can do about it. In short your wife is free to use her married name if she wishes to do so and that has always been the case. Your fiancée has no choice but to accept that. It's not your fault as its nothing to do with you.
I hope this helps. Please leave a positive response so that I am credited for my time.
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