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Article 225-1 of the French Civil Code provides that “Each spouse may use the other spouse’s surname […]” (Article 225-1 of the French Civil Code).
Every person has a birth name, which they retain throughout their life. However, each spouse may use their spouse’s surname in everyday life, “by substituting it for or adding it to their own surname, in the order of their choice, subject to a limit of one surname […]”.
What effect does marriage have on the spouses’ names?
Marriage does not result in any change to either spouse’s family name (birth name), which they retain throughout their life. This name will appear on all official identification documents (identity card, passport and driving licence), even where those documents are renewed after the marriage.
Once married, each spouse is free to use their spouse’s surname as a name used in everyday life, either instead of their birth name (substitution) or in addition to it (addition), in whichever order they choose (Article 225-1 of the French Civil Code).
Under no circumstances is this an obligation. Accordingly, in its judgment of 16 November 2004 (Ünal Tekeli v. Turkey), the European Court of Human Rights held that a married woman has the right to retain her maiden name and that preventing her from doing so constitutes discrimination.
This option is reserved for married persons and is not available to partners in a French civil partnership (PACS) or to unmarried cohabiting partners. It applies equally to men and women.
A name used in this way can never be passed on to another person.
Good to know: the Law of 17 May 2013, which opened marriage to same-sex couples, codified in Article 225-1 of the French Civil Code a rule that had previously developed in practice. It applies equally to same-sex and opposite-sex spouses.
What effect does legal separation have on the spouses’ names?
As a rule, legally separated spouses may each continue to use the other spouse’s surname. However, the court may prohibit a spouse from doing so if its continued use is detrimental to the interests of the other spouse (Article 300 of the French Civil Code).
What effect does divorce have on the spouses’ names?
Following a divorce, each spouse automatically loses the right to use the other spouse’s surname (Article 264 of the French Civil Code).
There are exceptions: a spouse may continue to use their former spouse’s surname either with the former spouse’s consent or with the court’s authorisation.
In either case, the spouse must demonstrate a particular interest, for themselves or their children, in continuing to use their former spouse’s surname. This may include, for example:
• wishing to use the same surname as their children,
• being professionally known or recognised under their married name, particularly in the arts. Such authorisation may even be granted to a spouse who has remarried.
If the former spouse’s consent or judicial authorisation has not been obtained, an ex-spouse who continues to use the name after the divorce may face legal proceedings requiring them to cease using the name and may also be ordered to pay damages.
What effect does death have on the spouses’ names?
The surviving spouse does not lose their status as a spouse. They may therefore continue to use the deceased spouse’s surname as their name used in everyday life.