Published — January 3, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: MARRIED WOMAN ON THE USE OF SURNAME OF HER HUSBAND
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When legal separation has been granted, the wife shall continueusing her name and surname employed before the legal separation.
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It is mandatory that the wife, even after the legal separation has been decreed, shall continue using her name and surname employed before the legal separation.
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Married status is unaffected by the separation, there being no severance of the vinculum or legal tie.
In case legal separation has been granted, may the wife be allowed to revert back to her maiden name?
No.
Civil Code says that:
When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.
In the case of Laperal vs. Republic of the Philippines (G.R. No. L-18008, October 30, 1962) the Court explained that the language of the statute is mandatory that the wife, even after the legal separation has been decreed, shall continue using her name and surname employed before the legal separation. This is so because her married status is unaffected by the separation, there being no severance of the vinculum or legal tie. It seems to be the policy of the law that the wife should continue to use the name indicative of her unchanged status for the benefit of all concerned.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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