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Explainer: Why you need your husband's consent to reclaim your maiden name

Explainers

By Esther Nyambura | Sep 05, 2024

While changing one’s name after marriage is a long-standing tradition in Kenya, reclaiming a maiden name can present unexpected challenges, especially for women who remain married.

For many women, adopting their husband's surname feels like a natural step in starting a new chapter.

However, few anticipate the difficulties of reverting to their original name later, one of which is the potential need for a husband's consent.

Imagine wanting to reclaim your former identity, only to find that your spouse refuses to grant consent. This legal grey area, where a partner’s approval is required for such a personal decision, raises questions about autonomy and rights within marriage.

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According to Njeru Benjamin, an advocate of the High Court, a man’s (husband) National Identification Card is needed when a woman takes his surname.

Once the name change is completed, the wife is legally considered "his responsibility." Therefore, his consent is required to revert to her maiden name.

"In a marriage, if you no longer want his name, you’ll need his consent to change it back," Njeru said on Thursday, September 5 on Spice FM.

The advocate, who has specialised in family law also explained that if a parent wishes to change a child’s name after the age of two, or wants to travel abroad with the child, the father's consent is required, regardless of whether he supports the child.

The only scenario where a man’s consent is not needed is after divorce.

"For divorced couples, the woman only needs to provide an absolute decree, proving the marriage is dissolved, to apply for a name change," Njeru added.

For single people, the process is more straightforward. They must apply for a name change through a deed poll under the Registration of Documents Act, submitting a birth certificate, ID, a statutory declaration from someone who knows them, a letter from their area chief, and fingerprints from the NSSF.

The advocate also noted the importance of understanding the complexities of name changes.

What may seem like a simple gesture of unity can lead to unforeseen legal and emotional complications if circumstances change. It is crucial to consider the long-term implications before deciding to alter one's name.