Can You Use Your Ex-Spouse’s Last Name?
According to the Turkish Civil Code, when a woman marries, she takes her husband’s last name. In the event of divorce, the woman retains the personal status she acquired through marriage; however, she reverts to her maiden name.
“However, in the event of divorce, this situation may lead to the loss of important gains achieved in social life during the marriage and a decline in the woman’s social status. For this reason, the law grants a woman who has an interest in using her ex-husband’s surname the right to do so. 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 the woman to use her husband’s surname. As can be seen, allowing a woman to bear her ex-husband’s surname depends on two conditions being met simultaneously.
· First, the woman must have the right to bear her ex-husband’s surname.
· Second, it must be proven that the woman’s use of her ex-husband’s surname will not cause any harm to her 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 above conditions 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 the surname causes him harm.
Otherwise, the case will be dismissed.
Cases concerning permission and revocation of permission arising from family law are heard and decided in family courts.