As a family lawyer at Walker and Sharpe, and a bride-to-be in just two short months, the question of changing my surname has been weighing heavily on my mind. I’m not usually one for simply following tradition, and it is becoming more and more common for brides to either keep their own name after marriage, hyphenate both spouse’s names, or keep one surname for personal and the other for professional purposes.

The traditional name change after marriage can mark the start of a new chapter together. However, if, like me, you’ve spent years building a professional identity under your current name, the thought of updating everything – from business cards to professional qualifications – can be daunting. The good news is that in Scotland, a change of name isn’t mandatory, allowing for total flexibility based on personal choice.

So, what is the legal nitty-gritty for us Scots getting hitched? Here’s a breakdown:

• No Automatic Change: Marriage in Scotland doesn’t automatically change your name. You can choose to use your spouse’s surname, keep your own, or even create a new one entirely!
• Recording the Change (Optional): While not mandatory, you can officially record your name change with the National Records of Scotland (NRS). This creates a record against your original birth certificate, but it’s not essential. Your marriage certificate itself is sufficient proof for most purposes.
• Statutory Declaration (Alternative): If recording with the NRS isn’t your preference, you can use a Statutory Declaration. This is a formal document sworn before a Notary Public, officially declaring your intention to change your name. While not required by law, they can be helpful in situations where you need additional evidence of your new name.

Getting Married Soon? We Can Help!

Here at Walker and Sharpe, we understand the excitement (and maybe a touch of stress) that comes with wedding planning. Whether you’re worried about changing your name, or contemplating if a pre-nuptial agreement is right for you, we can offer professional legal guidance. Contact us today to arrange a consultation.

Written by Lauren (at the time of writing) Dalgleish