Overview - Name Change After Marriage
In India, changing your name after marriage is completely optional. There's no law mandating it, and you're free to keep your maiden name if you wish. However, it's a common practice, especially for women, to adopt their spouse's surname.
Why Change Your Name After Marriage?
The decision to change your name after marriage is a personal one, and there's no single 'right' answer. There are pros and cons to consider, along with individual preferences and cultural influences. Here are some reasons why people might choose to change their name after marriage:
Reasons for changing:
- Symbol of unity: For many, adopting a shared surname symbolises the formation of a new family unit, a merging of two lives into one. Sharing a name can evoke a sense of togetherness and belonging.
- Tradition and social pressure: In some cultures and families, there's a strong tradition of brides taking their husband's name. Social pressure from family or friends can also play a role, though it's important to make your own informed decision.
- Simplification of paperwork: Having the same surname can simplify legal and financial matters, especially when it comes to joint accounts, property ownership, and travel documents.
- Family planning: If children are in the future, having the same surname as them can create a unified family identity and avoid potential confusion.
- Fresh start: Changing your name can symbolise a fresh start and a new chapter in your life. It could be a way to shed past associations or simply embrace a new identity as a married person.
Reasons for not changing:
- Maintaining personal identity: Many individuals, especially women, feel strongly connected to their maiden name and the identity it represents. Changing it can feel like losing a part of themselves.
- Professional recognition: If you've built a career under your maiden name, changing it could impact professional recognition and credibility.
- Equality and autonomy: In some couples, both partners choose to keep their own names as a symbol of equality and individual autonomy within the marriage.
- Religious or cultural reasons: Certain religious or cultural traditions may discourage or prohibit name changes after marriage.
Essential Documents Required for Name Change After Marriage
The essential documents required for a name change after marriage in India can vary slightly depending on the state you reside in, but generally, you'll need the following:
Notarized Affidavit:
- This is the key document and serves as your declaration of adopting a new name due to marriage.
- It needs to be drafted on stamp paper (usually INR 10) and signed by both you and your spouse in front of a Notary Public.
- The affidavit should include your old and new names, your father's name (or husband's name for married women), your address, and a clear statement confirming the marriage and reason for the name change.
Marriage Certificate:
- This is an official document issued by the marriage registrar after your wedding ceremony.
- It serves as proof of your marriage and helps verify the reason for the name change.
Proof of Identity:
- One will need to provide copies of valid ID documents like your Aadhaar card, PAN card, Voter ID card, or Passport.
- These documents help verify your identity and address.
Passport-size Photographs:
Recent passport-sized photographs of both you and your spouse are typically required.
(Optional):
In some cases, additional documents like newspaper advertisements announcing the name change or a letter from your employer (if required) may be requested.
Affidavit Preparation for Name Change After Marriage:
Title and Introduction:
- Start with the title 'Affidavit for Change of Name After Marriage.'
- Then, state your full name (maiden name), your father's name, your current address, and your age.
Declaration of Marriage:
- Declare your marriage to your spouse, mentioning their full name and father's name.
- Include the date and place of your marriage, and mention the marriage certificate number (if available).
Reason for Name Change:
Clearly state your intention to adopt your spouse's surname after marriage.
New Name:
Specify your new name, including your spouse's surname and any desired middle name (if applicable).
Declaration of Identity:
Declare that your maiden name and your new name refer to the same person, that is yourself.
Purpose of Affidavit:
State the purpose of the affidavit, which is to serve as proof of your name change for various official purposes.
Signature:
Sign the affidavit in front of a Notary Public, who will then attest your signature and seal the document.
What Are the Consequences of Changing Your Name After Marriage?
While changing your name is relatively simple, it's important to be aware of the potential consequences before making the decision. For example, you may find it difficult to revert back to your maiden name if you later decide you don't want to use your married name.
Gazette Publication for Official Name Change
Application:
- Submit a written application to the gazette department of your state government.
- Include details like your old and new names, father/husband's name, address, date of marriage, and reason for the name change.
- Attach copies of your marriage certificate, affidavit, and proof of identity.
Fees and Processing:
- Pay the required fees for publication in the gazette.
- The processing time can vary depending on the state and workload.
Publication:
- Once approved, your name change notice will be published in the official gazette of the state government.
- You will receive a copy of the gazette notification as proof of your official name change.
Changing Name in PAN Card After Marriage
If you have recently gotten married, you may be wondering if you need to change your name on your PAN card. The process for changing your name on your PAN card is actually pretty simple. All you need to do is send a written request to the PAN Card Authority along with some supporting documents.
The documents you will need to include are:
- Your original PAN card
- A copy of your marriage certificate
- A copy of your spouse's passport (if they are not Indian)
- A copy of your new ration card with your new name (if applicable)
- A copy of any other legal document that has your new name (such as a bank statement or utility bill)
Once the authorities have received your request and supporting documents, they will process the changes and send you a new PAN card with your new name.
Changing Name in Bank Statements
In India, a woman who gets married usually changes her surname to her husband's. This can cause some issues when it comes to bank statements. If you have a bank account in your maiden name and change your name after marriage, you will need to get your bank statements changed as well.
You can either go into the bank and request the change, or you can do it online. To change your name on your bank statements online, you will need to login to your account and update your personal information. Once you have updated your information, the new name will appear on your next statement.
If you have any joint accounts with your spouse, you will also need to update these accounts with the new name. You can usually do this by going into the bank and requesting the change, or by calling customer service and making the request over the phone.
Why Vakilsearch?
We have a team of experienced and knowledgeable lawyers who can guide you through the entire process of name change. We provide end-to-end support to our clients, from filing the petition to getting the final order from the court. We offer competitive prices for our services, which makes us one of the most economical choices in the market.
FAQs on Name Change After Marriage
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