I have applied online for divorce and it's been granted initially however I have since found out my ex wife has changed her name back to her maiden name by deed poll without telling me. Will this be an issue?
Wrong name on divorce application
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Hi Romeowhiskey4,
So do you have your Decree Nisi already? I assume when you applied you had no idea of the name change so you signed the statement of truth on the divorce petition believing the information you gave was correct at that time? Did your ex acknowledge receipt of the petition? I would suggest that it's up to her to demonstrate the name she is known by if she changed it, particularly if she has acknowledged the petition that was issued in her married name.
If not then you can contact the Court and let them know, however would it be correct to say that you are sure she has changed her name by deed poll. Maybe she is just using a different name and has taken no steps to do this formally as yet? Bank accounts, passport etc may still be in her married name?
If she has officially changed her name it would be for her to prove her new name not for you to speculate about whether she has or not I suppose. She would have to provide her change of name Deed to the Court to show what she is known by. It may be that an amendment would be needed to the petition but if the petition has been acknowledged by her, I would suggest it is up to her to get the nisi amended if needs be.
I will do a little more searching to see if I can find a definitive answer and post back if I come across anything.I am a qualified solicitor and am happy to try and assist informally, where needed.
Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.
If in doubt you should always seek professional face to face legal advice.
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