I got married young and took up my ex-husband's last name. I changed my ID to reflect this. I have kept his name for the last 18 years since we parted ways. I recently met someone and I am considering getting married to him. I feel it is time I dropped my ex’s name from my ID. Is it too late to change my name? What steps should I take even as I prepare to start a new chapter in life?
Your question highlights the desire for a personalised identity that distinguishes you from your former spouse. It's important to understand that while the tradition of marriage often involves the practice of women adopting their husbands' last names, it is not obligatory.
The true meaning of marriage is found not in titles or names, but in the legal commitment established by the Marriage Act of 2014 and the Marriage Customary Rules of 2017.
These laws allow for the registration of all types of unions, whether polygamous or monogamous. Additionally, the legal landscape in this area is changing rapidly, leading to more progressive discussions about gender roles. For instance, in the Supreme Court of South Africa case of Jordaan and Others v. Minister of Home Affairs and Another (CCT 296/24) , it was ruled that husbands can also take on their wives' last names.
This change indicates that civil registration in some countries may soon see significant transformations in how individuals choose to identify themselves, particularly within marriages.
To begin with, you were registered as currently identified by the powers granted to the Registrar of Persons under Section 5 of the Registration of Persons Act. This section mandates that the Registrar of Persons must register individuals with specific details, including their name, race, tribe, date of birth, occupation, and place of residence, among other information. Section 16 of the same Act states that a Cabinet Secretary may establish rules allowing registered individuals to change their name, place of residence, or postal address.
Sad young woman.
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This could be necessary for various reasons, such as the death of a spouse, moving from Kenya to another jurisdiction, or other reasonable circumstances determined by the registrar.
Since a person's registration begins at birth, as stated in the Births and Deaths Registration Act, it's essential to refer to Section 14 when rewriting your identity.
This section notes that if the birth of a child is registered before the child has received a name, or if the name on the registration is changed, the parent or guardian can, within two years of the registration, apply to register the name given to the child. This requires payment of a prescribed fee and providing any evidence the registrar deems necessary.
To amend your name according to the Registration of Documents Act, you will need a deed poll. A deed poll is a legal document that formally records a person's decision to change their name, allowing them to officially adopt a new one.
Once the name change has been done, one must be aware of the consequences of harmonising the names on their other legal documents.
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The document must be signed by the individual wanting the name change and then registered by the Registrar of Documents. Following this, the name change is published in the Kenya Gazette to inform the public. If there are no objections to the name change within the specified timeframe, the individual can apply for a new identification card by following the procedures outlined in Sections 5 and 6 of the Registration of Persons Act.
Additionally, it is important to ensure that all other official documents are updated with the new name.
