Can You Use Your Ex-Spouse’s Last Name?
According to the Turkish Civil Code, upon marriage, a woman takes her husband’s surname. In the event of divorce, the woman retains the personal status she acquired through marriage; however, she reverts to her surname prior to marriage.
“However, in the event of divorce, this situation may result in the loss of significant gains achieved in social life during the marriage and a deterioration of her social status. Due to this situation, the law grants a woman who has an interest in using her ex-husband’s surname the right to use her ex-husband’s surname. According to the law, if a woman proves that she has an interest in using her ex-husband’s surname and that this will not cause any harm to her husband, the judge may allow her to use her husband’s surname. As can be seen, the decision to allow a woman to bear her ex-husband’s surname depends on two conditions being met simultaneously.
· The first is that the woman has an interest in bearing her ex-husband’s surname.
· The second is that it must be proven that the woman’s use of her ex-husband’s surname will not cause any harm to the husband.
Since the woman’s use of her ex-husband’s surname will also affect her ex-husband, the law grants the husband the right to file a lawsuit to revoke the permission granted to the woman if the conditions mentioned above change. It is not sufficient for the woman’s ex-husband to request the revocation of the permission granted to the woman; he must also prove that the woman’s interest no longer exists or that the use of her surname causes him harm. Otherwise, the lawsuit will be dismissed.
These lawsuits concerning permission and revocation of permission arising from Family Law are heard and decided in family courts.
