One of our clients, Robyn, recently asked how do I revert to using my maiden name in Spain, after my husband died? The same could apply had she have divorced.
We all know how awkward paperwork in Spain can be and when you think of all the places that a name is included, such as on the padron at the town hall, on your deeds at the Land Registry, on your NIE number, on your utility contracts, on your driving licence… the list goes on.
So what did we tell Robyn? Firstly, the process starts in her country of origin; in this case, in the UK. That is where the official paperwork was established with her current names, so that is where it needs changing. Then after that, it will need to be changed in Spain using that evidence.
Robyn does not actually have to go back to the UK to do this. She uses her married name “Matthews” thus what she needs to do is to officially change that name and the way to do it is by deed poll. To be honest, if she had stayed in the UK, the death certificate and marriage certificate would probably be enough to show that she was changing her name back to her maiden name, but when it involves Banks and definitely for overseas use, it needs a deed poll as it is recognised as legally valid. The same goes for divorce in that it needs to be formalised for overseas use.
So Robyn applies to change her name back to her maiden name by deed poll. This applies only to the UK; it is different in Scotland and Ireland. Once she has the certificates from this, she needs to apply for a new passport in her new name. She must keep a good copy of her old passport though as it will be needed for the Spanish notary.
Then it is important to get the deed poll certificate legalised for use in Spain with a Hague Apostille. This too can be done online, Once done, it needs to be sent to Spain and to be translated into Spanish. (We can help with this . Then an appointment will need arranging at the Notary to arrange a deed of acknowledgement or “Acta” and sign this; whereby an official document prepared in Spain to verify the name change. She will also need to be present, but she is living in Spain anyway. To do this, Robyn will need a good copy of her old passport, her original new passport in her maiden name, and the original of the deed poll certificate with the Hague Apostille affixed.
Costs can vary and we can arrange a quote for this service. Once you have this Spanish deed and I would recommend you get a few copies you can send it to all the places your name needs changing (Bank, utility companies, tax office etc.) The Land Registry would charge a few to make changes and you may wish to leave this for a while.
27 Comments
Jamie
Great article! However, one thing you don’t explain is how to get your new uk passport in the new name. For name changes, the passport office require proof of new name usage, which can be one of the following; a letter from your employer, a letter government department, a bank statement, a voters card or drivers license, with your new name on it. To change your name on any of these in Spain, you need your new passport! How did you get around this?