Changing the spouse’s name after divorce

One of the declarations that the spouses submit to the head of the State Office Civil (or before the consul in exceptional cases), there is a statement related to choosing the surname that each of them will bear from the moment of marriage. Pursuant to the regulation of art. 25 of the Family and Guardianship Code (Act of February 25, 1964 Family and Guardianship Code (i.e. Journal of Laws of 2020, item 1359 – hereinafter: k.r.i.o.), prospective spouses may alternatively, keep your current name, change your name to your last name of the spouse or, as a result of combining both surnames, bear a two-part surname. IN in practice, bearing in mind the principle of equality between spouses, both are left free about choosing your last name. The legislator’s provision relating to the „combination” of surnames spouses are interpreted in such a way that they can freely determine the order of individual members, provided, however, that the maximum number of members in the surname will be two. Moreover, in case failure to submit an appropriate declaration, the legislator orders that the spouses remain with previous names. In the event of dissolution of the marriage as a result of divorce, the spouses have the option of returning to names they had before they got married. Art. 59 k.r.i.o. stating that within three months of the divorce decision becoming final a divorced spouse who, as a result of entering into a marriage, has changed his or her previous spouse surname, perhaps by a statement made before the head of the registry office or revert to the name he had before marriage. You should at the same time It should be stressed that the norm cited above constitutes the right of a divorced person spouse. This is indicated, for example, by the linguistic interpretation of the provision in which it is the legislator uses the word „may”. This position is confirmed by judgments such as judgment of SA in Katowice of August 6, 2019, file ref. V ACa 147/18 and the decision of the Supreme Court of February 2, 1978, reference number IV CZK 11/78. The adjudicating panels put forward theses stating that „both the husband and wife are equally entitled to bear the surname for which they made a statement on the date contracting a marriage, and the provision of Art. 59 k.r.o. in no way constitutes a basis for to order a divorced spouse to change his name” and that „the ex-husband cannot demand to deprive his ex-wife of the right to the surname acquired by marriage, as the Code family and guardianship does not provide for such a possibility. In view of the above, it should be considered that the effect of a divorce may or may not be there must be a change of surname that the spouses had during the marriage. Surely such a regulation is an expression of granting a large degree of autonomy to the parties to civil law relations, w which is inherent in the marriage relationship.